It seems Senator representing Ogun East at the National Assembly; Senator Buruji Kashamu is not having a good time as a Federal high court sitting in Lagos south west Nigeria yesterday 5th of November adjourned till 15th November, 2018, suit filed by the Senator to forestall fresh move by the Federal Government of Nigeria
to extradit him to United State of America to face drug related
charges.
Joined as defendants in the suit are, Inspector General of Police,
IGPCommissioner of Police Lagos state, command,Director of state
Security Service DSS,National Drug law Enforcement Agency NDLEA,Attorney
General of the Federal, AGF.
When the matter was mentioned today,Barrister O. O. Odubela
-Nasir(mrs)the counsel representing Senator Buruji Kasamu,told the court
that the matter was adjourned till today for hearing and all the
respondents have been served with proof of service in court’s record
consequently the presiding judge, Chukwujekwu Aneke ask her to move her application.
Thereafter she told the court that the application which was dated
31st of May, 2018 but filed on 14th of June, 2018 supported by 33
paragraphs affidavit with three exhibit attached with however,the
counsel representing Director of General State Security Services,Mr A O
Bajela inform the court that he has not been served with the further
affidavit filed by the counsel to the applicant,but has only been served
with reply on point of law.
Consequently, Justice Aneke adjourned for further hearing for the applicant to regularise her position. Senator Buruji KASAMU in affidavit sworn to and filed before the
court averred that in a newspaper publication: titled “Kasamu:FG demands
fresh US request for extradiction suit”wherein the Attorney General of
the Federation was reported to have y said that “The US Government has
been told to make a fresh request for the Senator after the former
extradition proceedings were dismissed…… as soon as US Government
sends a fresh request, the new extradition proceedings will be
commenced”.
Senator Kashamu averred further that, whereas in a proceeding
instituted in England by US authorities against him at the bow street
Magistrate court between 2002 and 2003 Government of United States of
America ‘s Buruji Kashamu that he was not the one implicated in the
alleged narcotics offence committed in the US in 1994,consequently he
was not the person sought by the US authorities.
Consequently, he urged the court to restrain the respondents and
their agents from arresting or detaining him in any manner whatsoever
interfering with the applicant’s right to personal liberty and freedom
of movement.
However in a counter affidavit sworn to by NDLEA
litigation officer Mr Kareem Olayinka,the deponent averred that Buruji
Kasamu has never been exonerated of any complicity of any crime by any
court either in Nigeria, United States of America or United Kingdom, so
his talk of been exonerated of crime/charges of illicit traffic in
narcotic drugs are false. The decision of British Court’s did not
exonerate him of any drug charges.
NDLEA is unaware of any Interpol or indeed any law enforcement
agency in OR outside Nigeria that investigated the applicant.
NDLEA contended that the claim of the applicant in his affidavit are
false and a rehash of an earlier story narrated in an affidavit in
support of a suit filed at Abuja high court as far back as 2015.
The Lagos division of the court of Appeal deprecated this conduct and
declared it as lacking in cause of action in its judgement delivered on
4th of May, 2018.
In suit number FH /L /CS /508/2014 was for the enforcement of the
applicant’s fundamental right on the fabricated and moot claim of a
purported plot to abduct and kidnap him by law enforcement agencies and
had nothing to do with the execution of extradition request. That while
the suit was pending,the Federal Government of the United States of
America filed a request for extradition of the applicant.
AGF then requested NDLEA to secure the applicant order to secure
the applicant in order to present him before a Federal court to face the
extradition charge where the court will inquire if there are valid
grounds for the extradition
The NDLEA then received intelligence that the applicant who has been
anticipating the request and monitoring events was about to flee the
country and disappear .
That it was on this basis that NDLEA the move to secure the
application and obtained a provisional warrant of arrest. When even the
applicant was aware that the execution of the extradition request and
provisional warrant of arrest has no bearing with suit number FHC /L
/CS/508/2014 ,he surreptitiously misled the Federal High Court Coram O.
E. Abang into conducting a contempt proceeding against the NDLEA and AGF
and issuing orders restraining the execution of the extradition request
of the Government of the United States of America and setting aside
quashing the provisional warrant of arrest duly issued by a more senior
judge of the same Federal high court.
That all the decisions the said Justice O. E. Abang in both the
substantive and contempt proceedings have been set aside and the
provisional warrant of arrest validated by the court of Appeal in
Appeals CA/L1030/2015.
Consequently, NDLEA contended that the essence of this suit by the
applicant is to divert attention, as well as preempt or undermine the
perceived extradition request to be made by the Government of the United
States.
NDLEA urged the court to dismiss the suit for being incompetent and an abuse of legal process.