KEY POINTS

• A legal expert claims that President Tinubu cannot be prosecuted over allegations of drug trafficking due to constitutional immunity.

• The FBI and DEA are set to release their investigation records by May 2, 2025, which could potentially provide new details on the case.

• Presidential spokesperson Bayo Onanuga dismisses concerns, asserting that the reports will not indict the president and are under legal review.

The Acting Dean of the Faculty of Law at Chrisland University, Kayode Akinsola, has argued that President Bola Tinubu is protected from prosecution under Nigeria’s 1999 Constitution.

This argument comes amid ongoing investigations by the United States Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA) into Tinubu’s alleged involvement in a drug trafficking case.

During a guest appearance on Channels Television’s Lunchtime Politics program, Akinsola stated that President Tinubu, as the sitting president, enjoys immunity from civil and criminal prosecution under Section 308 of Nigeria’s Constitution.

This provision grants the president legal protection while in office, preventing him from being sued or prosecuted.

“According to Section 308, the president cannot face any prosecution, even if the FBI and DEA release their reports. His immunity is absolute during his tenure,” Akinsola explained.

This statement comes in the wake of a ruling by the United States Court for the District of Columbia, which ordered the FBI and DEA to release records related to an investigation into Tinubu’s alleged involvement in drug trafficking. The documents, which could potentially shed more light on the case, are expected to be made public by May 2, 2025.

Legal debate over investigations on President Tinubu

While the investigation into Tinubu’s past is ongoing, presidential spokesman Bayo Onanuga issued a statement, dismissing the significance of the forthcoming release. “There is nothing new to be revealed in the FBI and DEA reports,” Onanuga stated. “The reports did not indict the Nigerian leader. The lawyers are currently examining the ruling.”

Onanuga’s comments suggest that the government remains confident that the upcoming reports will not harm Tinubu’s standing. However, the legal community continues to debate whether the immunity granted to the president under the Nigerian Constitution will shield him from any future legal consequences, especially if the reports uncover significant evidence.