Court affirms judgment halting Kashamu’s extradition
Justice Ibrahim Buba of the Federal High Court, Lagos yesterday affirmed the validity of a sister court’s judgment restraining any extradition process against Senator representing Ogun East Senatorial District, Buruji Kashamu.
Justice Buba, in a judgment on a contempt application filed by Kashamu against the Attorney General of the Federation (AGF) and the Chairman of National Drug Law Enforcement Agency (NDLEA), Ahmadu Giade, held that for the avoidance of doubt, it must be stated that an order made by another judge of the court, Justice Okon Abang “is still subsisting and must be complied with until set aside by a superior court.”
Justice Buba who earlier dismissed a preliminary objection filed by the NDLEA, said from the processes before him, he was satisfied that the defendants were properly served.
The judge then went on to determine the merit of the contempt application, and held that since Justice Abang had previously ruled on a similar case, the instant suit had merely become an academic exercise and unnecessary.
The judge, however, warned the AGF and the NDLEA Chairman to be of good conduct and obey the subsisting order of court.
“There should be no overzealous conduct from either of the parties. Government agencies must abide by the rule of law to avoid anarchy.
“They (AGF and NDLEA Chairman) should be of good behaviour until their appeal is determined. No matter how aggrieved, they should abide by the order of court until there is a counter order from a superior court,” Justice Buba held.
In the committal proceeding filed before the court, Kashamu through his counsel, Oluyede, had sought a court declaration that both AGF and NDLEA chairman are criminal contempt of the court.
He said the contempt was by reason of steps taken by the defendants in obstruction of the administration of justice evidenced by the willful violation of the judgment of the court dated January 6, 2014, in suit number FHC/L/CS/49/2014. He stated that the contempt was done in order to preempt the judgment of the court in suit number FHC/L/CS/508/2015, which is in response to the extradition of Kashamu made by the United State of America, (USA) with regards to the allegations that he (Kashamu) is complicit in narcotic offences which he has been exonerated by a British judge.
He also sought a court declaration that the invasion, destruction of properties, harassment, humiliation, arrest, and his detention by NDLEA at the instance of AGF from Saturday, May 23, 2015 and the extradition proceeding commenced thereupon undermined the integrity of the judicial process invoked in suit number FHC/L/CS/49/2010 and FHC/L/CS/508/2015.
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