A Federal High Court in Lagos on
Thursday awarded N50,000 each in favour of the Director-General, State Security
Service (DSS) and the National Drug Law Enforcement Agency, NDLEA, in a suit
instituted by Sen. Buruji Kashamu.
Kashamu is seeking to stop his
extradition to the United States, to face drug-related charges.
Kashamu, a Senator representing
Ogun East Senatorial District at the National Assembly, had in his suit
labelled FHC/L/CS/930/2018, joined the following as respondents: The Inspector
General of Police, Commissioner of Police, Lagos Police Command, Director
General, State Security Service (DSS), National Drug Law Enforcement Agency
NDLEA, and the Attorney General of the Federation (AGF)
He is urging the court to
restrain the respondents and their agents from arresting or detaining him, in
any manner whatsoever, or interfering with his right to personal liberty and
freedom of movement.
In a ruling, Justice Chukwujekwu
Aneke, gave the order, following the absence of the Kashamu’s lawyer, Mrs
Ifeoma Esom.
Justice Aneke asked Mr O.Bajela
who appeared and J.N. Sunday who appeared for the DSS and NDLEA if they had
seen a letter from the plaintiff counsel, seeking adjournment over another case
she had at the Court of Appeal.
Responding, they expressed
dissatisfaction over the frequent adjournment, on the grounds that the case had
been adjourned severally at the instance of the plaintiff.
He added that it was the case of
the plaintiff and they ought to exhibit diligence.
Consequently, the third defence
counsel urged the court to award a cost of N100,000 in its favour against the
plaintiff.
In the same vein, fourth defence
counsel also asked for a cost of N200,000 against the plaintiff.
Justice Aneke awarded a cost of
N50,000 each in favour of third and fourth defendants and adjourned the case
until Oct. 31 for hearing..
NAN reports that Aneke had taken
arguments in the suit from respective parties and had reserved his judgment
until April 29.
On April 29, judgment could not
be delivered in the suit as the period fell within the Easter vacation, and the
court did not sit.
Recall that on May 10, the case
was set down for hearing on June 6.
In a supporting affidavit, the
applicant averred that by a newspaper publication, the Attorney General of the
Federation was reported to have said that the U.S. Government had been told to
make fresh request for his extradition after the former proceedings were
dismissed.
He averred that, in a proceeding
instituted in England by the U.S. authorities between 2002 and 2003, it was
established that he was not the one implicated in the alleged narcotics offence
committed in the U.S. in 1994.
He said that consequently, he was
not the person sought after by the U.S. authorities.
Kashamu, is, therefore, urging
the court to restrain the respondents and their agents from arresting or
detaining him in any manner whatsoever, or interfering with the applicants’ right
to personal liberty and freedom of movement
Meanwhile, in a preliminary
objection, deposed to by one Kareem Olayinka, the NDLEA averred that
authorities of the United States are currently seeking to extradite the
applicant to their country, to answer charges relating to Heroine trafficking.
He said that the U.S. government
then made a request to the Nigerian government, for the applicant to be
extradited sometime in May 2015.
The Agency said that since
Kashamu got wind of the extradition request, he has filed multiplicity of
lawsuits relating to the issue.
He averred that in all these
actions the basic relief sought, is a restraining order against the NDLEA, from
arresting and extraditing him to the U.S.
According to the NDLEA, this suit
does not disclose any cause of action against the respondent, adding that the
multiplicity of the action by the applicant against the NDLEA is intended to
divert its energy and attention from discharging its mandate to the nation.
He, avers, therefore, that the NDLEA
needs the protection of the court to stop this trend, as the applicant is only
engaged in shopping for a forum that will grant his desired reliefs.
The Agency is, therefore, asking
the court to dismiss the suit
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