Court rules today on Kashamu’s suit against AGF, NDLEA
The judge fixed the date after counsel representing both Kashamu and the respondents, AGF and NDLEA argued and adopted their applications.
Justice Buba had dismissed four oral applications made in respect of the suit. The judge had precisely dismissed oral application made by AGF counsel, Mr. Emeka Ngige, (SAN) in respect of the appeal filed at the Appeal Court against the judgment of the court and any other proceedings before the court.
The judge said the notice of appeal is not before him and he cannot by oral application differ proceeding in the committal action.
Buba also said he has not been informed that the order made by Justice Okon Abang on May 26, has been set aside, neither is there an application for stay of proceeding in the suit.
Justice Buba also refused application for adjournment made by AGF, in order to file a further affidavit to respond to the application filed by Kashamu.
At yesterday’s proceeding, Ngige, while responding to the committal action said the suit was an attempt to mislead the court by the applicant.
He said Justice Abang had on June 8, 2015 ruled on the same suit filed before Justice Buba. He argued that the committal action moved by Kashamu was similarly moved before Justice Abang and that such was granted by Abang.
In the committal proceeding filed before the court, Kashamu through his counsel, Oluyede, is seeking 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 is also seeking 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.
According to him, the alleged contemnors tried to vitiate judicial power exercised by the court’s judgment of January 6, 2014, and order of the court of April 4, 2015. He contended that the actions were done purportedly to pursue a request by the United State government for his extradition. He said such action constitute a criminal contempt of the court and are null and void.
Kashamu is also praying for an order of the court, nullifying every step taken by both the AGF and NDLEA against him from May 23, 2015, including his arrest, detention, arraignment, proceeding whether for extradition or otherwise in pursuance of any request by the US government for his extradition on the basis of allegations forming the subject of the judgment of the court in suit number FHC/L/CS/49/2010 and proceeding in suit number FHC/L/CS/508/2015.
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