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Tinubu: NDLEA Counters PDP, Melaye In Court
…Lists legal grounds why it can’t arrest, prosecute president-elect
The National Drug Law Enforcement Agency, NDLEA, has filed preliminary objection to a suit instituted by the Peoples Democratic Party, PDP and a chieftain of the opposition party, Senator Dino Melaye seeking an order of mandamus to compel the anti-narcotics agency to arrest and prosecute the President-Elect, Asiwaju Bola Ahmed Tinubu over alleged forfeiture of some funds in his bank accounts over two decades ago in the United States.
In its notice of preliminary objection signed and filed at the Federal High Court in Abuja on Wednesday 26th April 2023 by its Director of Prosecution and Legal Services, Joseph Nbona Sunday, NDLEA submitted that the application by the PDP, which is the 1st applicant with Melaye as 2nd, is incompetent, adding that the court lacks the jurisdiction to entertain it and as such, should be struck out.
Listing its grounds for the objection, the NDLEA said both PDP and Dino Melaye “do not have a locus standi, they do not possess an interest peculiar to them and above the interests of all other Nigerians, the only underlying specific interest of the 1st Applicant then becomes political in nature”, adding that the investigation and prosecution of Tinubu was targeted at removing him as a bona-fide candidate in the February 25th 2023 presidential election.
The Agency argued that “Order of mandamus is an equitable remedy and should only be applied for in good faith and should not produce an indirect or underlying result. The Doctrine of Judicial Self-restraint precludes this Honourable Court from delving into matters with political colouration or matters aimed at getting direct or indirect political goals.
While noting that the foundation of the PDP application was the proceeding of the US District Court of the Northern District of Illinois Eastern Division in the US, “the judgment in the said proceeding was given “with prejudice”, adding that “the said proceedings and judgment have no judicial value”, and as such “the supposed cause of action of this suit as constituted is baseless and legally unsustainable.”
In a sworn affidavit in support of the Agency’s preliminary objection, a litigation officer attached to its Directorate of Prosecution and Legal Services, Chia Cosmas Depunn said that as an independent agency of government saddled with the responsibility to investigate, arrest and prosecute persons involved in drug trafficking and other related offences in Nigeria, the NDLEA has a healthy relationship with the government of the United States of America, the name of Asiwaju Bola Ahmed Tinubu “by whatever acronyms or combination of names has never featured in the exchanges we had with the United States of America.”
He further claimed that the name of Tinubu has also not featured in the radar and data base of the Agency as a person arrested, investigated or prosecuted in connection with drug or other related offences.
While noting that though NDLEA relies on intelligence and information from foreign and domestic partners as well as public spirited individuals, both PDP and Melaye have never for once since the establishment of the Agency in 1990 made or forwarded any complaint, information and/or intelligence on Tinubu or any other person in Nigeria or outside the country relating to illicit activities on drug matters until 17th January 2023.
To further justify the position of the Agency, the litigation officer in the sworn affidavit also made the following submissions:
“That this suit as presently constituted does not confer the Court with jurisdiction.
“That the 1st Applicant does not have locus standi to institute this suit as it does not possess interest peculiar to it and above the interests of all other Nigerians.
“That the only peculiar interest of the 1st Applicant is to get rid of the 6th Respondent as a candidate of a rival political party.
“That the interest of the 1st Applicant is political in nature.
“That the 3rd Respondent is an independent Government Agency that has no political colouration or affiliation.
“That the Court has a duty to insulate the 3rd Respondent from political controversies.
“That the suit is baseless, frivolous and brought in bad faith with the sole aim of achieving a political objective using the instrumentality of the Court process.
“That the facts and circumstances of the case require the Court to apply the doctrine of judicial self-restraint.
“That the 2nd Applicant is not an officer or executive or management committee of the 1st Applicant.
“That the 2nd Applicant has no locus standi to institute this suit as he does not possess any interest peculiar to him and above the interests of all other Nigerians
“That an Order of Mandamus is an equitable remedy.
“That the Order of Mandamus must be applied in good faith to promote public interest.
“That the Order of Mandamus should not produce an indirect or underlying result.
“That he has gone through the supporting judicial proceedings and noted as follows:
“That the matter was a civil forfeiture proceeding in rem brought by the United States of America as plaintiff against certain accounts held in the name of the 6th Respondent.
“That the object of the suit was to forfeit the funds or a certain part thereof in the said accounts as proceeds of illicit traffic in drugs.
“That the suit was not taken out against the person of the 6th Respondent.
“That the suit was not a criminal indictment or charge.
“That the standard of proof in civil forfeiture is based on the balance of probabilities.
“That the standard of proof in criminal indictment, charges and proceedings is proof beyond reasonable doubt.
“That the burden of proof in criminal procedure is much higher than that of civil procedure.
“That the Orders of the United States District Court of Illinois delivered by Magistrate Judge John A Nordberg in Suit No. 9C4483 relating to the release of the funds held in Citi Bank N.A. and Citi Bank International which funds were the 2nd and 3rd Defendants in the suit were made “with prejudice”.
“That the Orders of the District Court in the Citibank Accounts places a barrier on any further proceedings relating to the Account.
“That only the Orders relating to the funds held in Heritage Bank where the sum of $460, 000.00 was forfeited was made simpliciter and without a caveat.
“That the Orders made by the US District Court of Illinois were made to incorporate “the stipulation and Compromise Settlement of Claims to the Funds Held by Heritage Bank and Citibank” earlier filed by the parties in Court.
“That the judgment of the US District Court of Illinois put to an end to issues relating to the forfeiture and release of funds as contained in the Settlement Agreement.
“That the cause of action for mandamus requesting the 3rd Respondent to investigate and prosecute the 6th Respondent is founded on the judgment of the District Court of Illinois which has put the matter to rest.
“That the cause of action of the Applicants is dead and legally unsustainable.
“That it is in the interest of justice to dismiss this suit with substantial cost.”
News
Ignore Fake February 2 Sit-at-Home Order, IPOB Lawyer Tells South-East Residents
A human rights lawyer and lead counsel for the Indigenous People of Biafra, Sir Ifeanyi Ejiofor, has urged South-East residents to completely ignore what he described as a “fraudulent” sit-at-home order allegedly scheduled for Monday, February 2, 2026, by a faction of the group.
Recall that the pro-Biafran group, through its spokesman Emma Powerful, had directed a sit-at-home on February 2 across the region in solidarity with traders at the Onitsha Main Market.
Powerful said the total shutdown in Biafraland is a direct, peaceful, and unified response to the actions of Anambra State Governor, Prof. Chukwuma Soludo, who ordered the closure of the Onitsha Main Market for one week.
But in a counter statement released on Saturday, Ejiofor said the source behind the directive, operating under the guise of “Emma Powerful,” has been compromised and is acting against the collective interest of Ndi-Igbo.
He insisted that IPOB has formally and decisively distanced itself from the false sit-at-home order and directed Ndi-Igbo to go about their lawful activities without fear.
The statement read in part: “Once again, the well-worn theatre of misinformation has opened its curtains, this time with a particularly lazy script and an insultingly predictable cast.
“Late yesterday, a report was widely circulated alleging that a total lockdown of Ala-Igbo had been ordered under the guise of a sit-at-home directive purportedly issued by ‘Emma Powerful,’ slated for Monday, February 2, 2026.
“Let it be stated clearly, unequivocally, and without ambiguity: this directive is fake, a phantom, a calculated falsehood.
“Upon careful inquiry and diligent verification, especially considering the delicate and hard-won calm presently returning to our homeland, it became glaringly obvious that the so-called ‘Emma Powerful’ platform has been fatally compromised.
“It has been hijacked by vested interests whose business model thrives on fear, disruption, extortion, and the cynical exploitation of vulnerable communities.
“The peaceful global movement of the IPOB has formally and decisively disowned this fabricated publication, categorically distancing itself from the false sit-at-home order and directing Ndi-Igbo to go about their lawful and normal activities without fear.
“Going forward, the message from IPOB is unmistakable: any publication attributed to ‘Emma Powerful’ should be treated with extreme suspicion, if not outright contempt.
“Frankly, one cannot but express astonishment, bordering on disbelief, that at such a critical juncture, when relative peace is cautiously resurfacing in Ala-Igbo, anyone would recklessly circulate information capable of reopening wounds and inviting criminal infiltration.
“History has taught us, at unbearable cost, what happens when fake directives fall into the hands of violent opportunists masquerading as enforcers.
“It is therefore no longer sufficient to merely advise our people to ‘ignore’ publications from this source. The time has come for greater clarity and firmness. The platform known as ‘Emma Powerful,’ in its current corrupted state, has positioned itself as an adversary to Ala-Igbo’s peace, progress, and collective well-being.”
According to Ejiofor, the peaceful global movement must go further by publicly and definitively explaining why this source has become unreliable, compromised, and hostile to the collective interest of Ndi-Igbo. Silence, ambiguity, or polite distancing, he said, only leaves room for further abuse.
“A masquerade that dances with fire should not be mistaken for a messenger of truth,” the statement concluded.
News
Joint Task Force Crushes Terrorist Cells In North East, Heavy Weaponry Seized
In recent operations across the North East, troops of the Joint Task Force Operation HADIN KAI (OPHK) have neutralized scores of terrorists and recovered a significant cache of arms and ammunition.
Lieutenant Colonel Sani Uba, Media Information Officer, Headquarters Joint Task Force (North East) in a statement said intelligence has confirmed the killing of JULAIBIB, a top ISWAP commander operating within the Gujba axis of the Timbuktu Triangle, during an encounter around Kimba, Damboa LGA of Borno State, on 30 January 2026.
According to the statement, the elimination of the terrorist leader has thrown ISWAP elements in the area into disarray, with several fighters reportedly neutralised during the operation.
In a related operation, troops of OPHK, working in collaboration with the Civilian Joint Task Force, neutralised 3 terrorists during a well-coordinated ambush between Ngazalgana and Lamusheri communities in Borno State.
It said the operation followed credible intelligence on insurgent movements in the area, as troops laid an ambush along the identified route and engaged the terrorists with effective firepower, resulting in the neutralisation of 3 insurgents, while others fled with gunshot injuries.
The statement said troops recovered two AK-47, adding that the operation forms part of sustained efforts to deny terrorists freedom of movement and degrade their operational capabilities across the Theatre.
It said troops also recorded multiple successes in Adamawa State, adding that on 29 January, 2026, troops responded swiftly to a distress call from Barama community, Mubi North LGA, foiling an armed robbery attempt. Two armed robbery suspects attempting to attack a student of the Federal Polytechnic, Mubi, were arrested. One suspect sustained a gunshot wound to the thigh while attempting to confront the troops and was evacuated to the Federal Medical Centre, Mubi, for treatment.
The suspects were subsequently handed over to the Nigeria Police for further investigation. Items recovered include 3 cutlasses, 2 laptops, 4 mobile phones, and one power bank.
News
Appeal Court Affirms Death Sentences for Five Offa Bank Robbery Convicts
The Court of Appeal sitting in Ilorin, Kwara State has affirmed the death sentences passed on five 2018 Offa robbery convicts.
The court dismissed their appeals as lacking merit.
The Director of Public Prosecution (DPP) in the state, Mohammed Akande, who witnessed the proceedings, said that the three Appeal Court judges unanimously agreed on the judgement and affirmed the verdict of the state High Court condemning the five persons to death by hanging.
“The Court of Appeal, Ilorin Division comprising of Hon. Justice Ridwan Maiwada Abdullahi JCA, Hon. Justice Gabriel Kolawole JCA and Hon. Justice Abdul Dogo today, Friday affirmed the judgment of Hon. Justice H. A. Saleeman of the Kwara State High Court, that sentenced the Appellants: Niyi Ogundiran, Salawu Azeez, Ibikunle Ogunleye, Ayoade Akinnibosun and Adeola Abraham to death by hanging for the involvement in the Offa Bank Robbery”.
Another official of the Court also said that the appellate court rejected all the grounds of appeal filed by the convicts and ordered their immediate return to prison custody.
“The court dismissed all their grounds of appeal and upheld their convictions. They have been taken back to prison,” the official said.
The official said that the arguments raised at the Court of Appeal were unconvincing and may not succeed if repeated at the apex court.
It is recalled that Ayoade Akinnibosun, Azeez Salahudeen, Niyi Ogundiran, Ibikunle Ogunleye and Adeola Abraham were convicted of armed robbery, illegal possession of firearms and culpable homicide.
A sixth suspect, Michael Adikwu, a retired police officer, died in custody before the commencement of the trial.
At least 32 people were killed, including nine police officers, two of whom were women, making it one of the deadliest bank robberies in Nigeria’s history.
Justice Haleemah Saleeman of the Kwara State High Court had earlier sentenced the five convicts to death by hanging after a trial that lasted about six years and attracted nationwide attention.
In her judgment, which lasted over four hours, Justice Salman held that the prosecution proved its case beyond reasonable doubt.
She said the convicts “acted contrary to the law and allowed their connections with those in power at the time to lead them astray”.
In addition to the death sentence, the trial court also sentenced them to three years’ imprisonment for illegal possession of firearms, in line with provisions of Nigeria’s penal laws.
Lead prosecution counsel, Rotimi Jacobs (SAN), described the appellate court’s decision as thorough and well considered, despite the prolonged delays that characterised the trial.
On the defence side, Abdullah Jimba, counsel to one of the convicts, said that preparations were underway to pursue a final appeal at the Supreme Court.
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