An affidavit deposed to by the group’s Legal Adviser, Kalu Kalu Agu, said that on November 8 the group wrote the NDLEA to investigate Tinubu but its request was ignored.
By Jeffrey Agbo
A non-governmental organisation known as the Center for Reform and Public Advocacy has filed an originating summons against the National Drug Law Enforcement Agency (NDLEA), the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, and the presidential candidate of the All Progressives Congress (APC), Bola Tinubu.
The group filed the suit on December 2, 2022, with the NDLEA as the first defendant, Malami as second defendant and Tinubu as the third defendant before a Federal High Court in Abuja.
Lawyer Ukpai Ukairo filed the originating summons, which was made available to The Niche, on behalf of the Plaintiff.
The group wants the court to declare that “the 1st and 2nd Defendants are bound by the 1999 Constitution of the Federal Republic of Nigeria (as amended); Section 4 of The National Drug Law Enforcement Agency Act and Section 3 of the Administration of Criminal Justice Act, 2015 to prosecute the 3rd Defendant under Section 18 of the Money Laundering Act; 2022, in that on October 4, 1993, the United States District Court, Northern District of Illinois; Eastern Division in case number 93C4483 United States of America — Plaintiff V. made an order of forfeiture of the sum of $460,000.00 against Senator Bola Ahmed Tinubu in the following words: ‘Ordered that the funds in the account of $460,000 in account 2632267110 held by First Heritage Bank in the name of Bola Tinubu represent proceeds of narcotics trafficking or were involved in financial transactions in violation of 18 U.S.C. $ 1956 and 1957 and therefore these funds are forfeit to the United States pursuant to 21 U.S.C. $881(a)(6) and 18 U.S.C. $981; it is further ordered that First Heritage Bank shall issue a check in the amount of $460,000 payable to Federal Reserve Bank of Chicago and that these funds shall be disposed of according to law; it is further ordered that the Court shall retain jurisdiction over this action in order to implement and enforce the terms of this Decree of Forfeiture.’”
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Secondly, the group is praying the court to give an “order compelling or mandating the 1st and 2nd Defendants to discharge their statutory functions by arresting for prosecution under Section 18 of the Money Laundering Act as there are reasonable grounds to suspect that Senator Bola Ahmed Tinubu, the 3rd Defendant, committed an offence under the said Money Laundering Act in that on October 4, 1993 the United States District Court, Northern District of Illinois, Eastern Division in case number 93C4483 UNITED STATES OF AMERICA — PLAINTIFF made an order of forfeiture of the sum of S460,000.00 against Senator Bola Ahmed Tinubu in the following words: ‘Ordered that the funds in the amount of $460,000 in account 263226700 held by First Heritage Bank in the name of Bola Tinubu represent proceeds of narcotics trafficking or were involved in financial transactions in violation of 18 U.S. C. $ 1956 and 1957 and therefore these funds are forfeit to the United States pursuant to 21 U.S.C. $881(a)(6) and 18 U.S.C. 5981; it is further ordered that First heritage Bank shall issue a check in the amount of $460,000 payable to Federal Reserve Bank of Chicago and that these funds shall be disposed of according to law; it is further ordered that the Court shall retain jurisdiction over this action in order to implement and enforce the terms of this Decree of Forfeiture.’”
An affidavit deposed to by the group’s Legal Adviser, Kalu Kalu Agu (SAN), said that on November 8 the group wrote the NDLEA to investigate Tinubu but its request was ignored. Agu added that one week later, that is November 15, a similar letter was written to Malami but it was also ignored, prompting the group to seek action from the court.
The court is yet to fix a date for hearing.
