A Federal High Court in Lagos has overruled the provisional warrant of arrest secured by the National Drug Law Enforcement Agency seeking to extradite the Ogun East senator-elect, Mr. Buruji Kashamu, to the United States of America to face trial for alleged drug-trafficking offences.
The court equally made an order halting the extradition proceedings in an application filed by the NDLEA before the Abuja Division of the Federal High Court on Kashamu.
Kashamu, on Monday through his lawyers, Dr. Alex Izinyon (SAN), and Mr. Ajibola Oluyede, secured separate orders from both Justices Okon Abang and Ibrahim Buba of the Lagos Division of the court.
While Abang quashed the extradition proceedings and the provisional warrant of arrest issued by another judge of the Federal High Court, Buba restrained the NDLEA from arresting and arraigning Kashamu in furtherance of the extradition charges.
Oluyede had on Monday appeared before Buba with a fresh application seeking an order to nullify the provisional warrant of arrest obtained by the NDLEA against his client.
Oluyede, in a motion on notice, asked the court to nullify the NDLEA’s application to commence extradition proceedings against him in a suit marked FHC/ABJ/CS /479/2015 at a Federal High Court in Abuja.
The lawyer, while canvassing argument, pointed out that despite an earlier order made by Buba last Thursday, the NDLEA had not suspended action on the move to arrest, arraign and extradite Kashamu.
He said it would be in the interest of justice to grant the fresh application.
In opposition, however, NDLEA’s lawyer, O. Ichakpa, maintained that the agency had not taken any step to undermine the processes before the court.
But Buba, after listening to the arguments of both lawyers, ordered that the NDLEA “shall not in the face of subsisting judgement, orders of the court and processes filed and pending, enforce or put to effect the warrant of arrest dated April 25, 2015.”
The judge equally quashed the move to arraign Kashamu on the extradition process filed by the NDLEA on April 28, 2015.
Buba held that the restraining orders were necessary so as not to get conflicting orders while cases were pending and judgments or orders were also subsisting.
The judge subsequently adjourned till June 19 for further hearing of all applications including the committal proceedings instituted by Kashamu against the Attorney General of the Federation and the NDLEA Chairman, Ahmadu Giade. Click to signup for FREE news updates, latest information and hottest gists everyday
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ReplyDeleteThe Skin is that of Esau but the voice is that of Jacob.
Fellow Nigerians, let us be wary of this NDLEA/Kashamu sting.
Judging by the fact that this so-called extradition started during Oga Jona era, I am now of the strong suspicion that this is nothing but WWE for us. These guys are just playing pranks.
With the way NDLEA is deliberately committing judicial blunders in a supposedly straight forward extradition case, I see these as nothing but mere theatrics on the part of Kashamu who is playing the Victim and Oga Jona's NDLEA playing the part of the Oppressor.
Soon now, you will hear that there is permanent injunction restraining anyone or anybody from extraditing Kashamu. Then Oga Jona would have won in his usual ungodly and dishonest scheme of things.
If Kashamu should be set free, then I must say that APC is gone by next Election.
However, my honest and fervent prayer is that God will not allow them muddle us this extradition process for us IJN. Amen.
We have judges that make a mockery of the Nigerian judiciary. I do not know another country on this planet where a public servant can obtain an injunction against ever being investigated, (a la Peter Odili). Or where one accused of drugs dealing could obtain an injunction against being made to answer the charges - a la Kashamu. It is like we are a banana republic where anything goes.
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