The Court of Appeal has at last
cleared the coast for the federal government to extradite a serving Senator,
Prince Buruji Kashamu to the United States of America (USA) to face trial in a
drug related offence.
The appellate court in a landmark
judgement on Friday, voided and set aside all orders made by a federal high
court between 2014 and 2017 restraining the government from proceeding with the
extradition.
Delivering judgement in an appeal
filed by the Attorney General of the Federation and Minister of Justice,
Justice Joseph Ikyeghi held that the orders granted Kashamu by Justice Okon
Abang were “invalid, nonsensical and unacceptable to laws” because they were
based on hearsays and speculations by Senator Kashamu.
The unanimous judgment was
prepared by Justice Ikyeghi and was delivered by Justice Yargala Nimpar.
The court held that the hearsay
that a former President, Chief Olusegun Obasanjo was instigating the
extradition was not established under any law.
The appeal court said that an
affidavit deposed to by the senator on the issue was worthless and not in
compliance with evidence act because the senator himself claimed that he was
told by several persons who were not called to testify in court.
Justice Ikyeghi held that Justice
Abang in his two judgments on the issue erred in law by playing undue reliance
on affidavit that offended evidence act to give judgment against the Federal
government.
Consequently, the order of
injunction stopping the extraction process was voided and set aside.
Another order which terminated
the extradition process in the second judgment of Justice Abang was also set
aside, having been issued in error by the Federal high court.
Justice Ikyeghi agreed with
counsel to the Federal Government Chief Emeka Ngige SAN that a statutory body
like the National Drug Law Enforcement Agency (NDLEA) can only be prohibited
from performing its statutory functions based on facts and not hearsays and
speculations as in the instant case.
The Minister of Justice had in
the appeal case argued by his counsel Chief Emeka Ngige SAN prayed the Court of
Appeal to set aside the two Federal High Court Judgments obtained by Kashamu
against his extradition by government and its security agencies.
The contention of government
primarily was that the senator representing Ogun East in the Senate got the two
judgments in the lower court from Justice Okon Abang on mere hearsay and
speculation to frustrate his extradition as requested by the America
government.
Specifically, the AGF claimed in
the appeal that Kashamu suppressed facts before the High Court to secure the
restraining order against the Federal Government.
The AGF also averred that Justice
Abang erred in law by issuing order in favour of the senator without evaluating
the documentary evidence placed before him during the hearing and urged the
appeal court to void the two judgments and set them aside.
Ngige who cited several
authorities in support of his submissions told the Appeal Court that the lower
court ought to have declined granting of reliefs sought by Kashamu because the
foundation of his suit was laid on hearsays from so many individuals.
He therefore urged the appellate
court to set aside the decisions of the High Court so as to allow the federal
government to execute the request of the USA government to extradite the
senator to America.
But Prince Lateef Fagbemi (SAN),
who led Kashamu’s legal team comprising Chief Akin Olujimi SAN, Hakeem Afolabi
SAN and a retinue of lawyers urged the court to uphold the judgment of Abang on
the ground that it was based on fact and not hearsays.
Fagbemi submitted that contrary
to the Federal Government’s claim, the fear expressed by Kashamu on the plan to
extradite him to America was based on facts deposed to by well-wishers of the
Senator.
Justice Okon Abang had in his
first judgment on the extradition matter delivered on January 6, 2014 against
six respondents had stopped the extradition of Kashamu on the ground that due
process of law was not followed.
The same judge in his second
judgment on the same issue delivered on May 27, 2015 against 12 other
respondents barred the respondents from sending the senator to America by force
to go and face trial in his alleged indictment in an alleged drug offence.
The Federal Government had in
2014 moved to extradite Kashamu to USA to answer criminal charges filed against
him in an American Court on drug offence.
The American government had
approached the Nigerian Government to extradite the senator in line with the
extradition treaty between the two countries.
But the Senator through his
counsel rushed to the Federal High court with complains that due process of law
was not followed in the extradition process.
He claimed in his suit that the
person indicted for the alleged drug offense was his younger brother who had a
striking resemblance with him and who had since died.
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