Matilda Omonaiye/
A Federal High Court sitting in Lagos has adjourned till November 15, a suit filed by the lawmaker representing Ogun East senatorial district, Senator Buruji Kasamu, to forestall fresh move by the Federal Government of Nigeria to extradite him to the United States to face drug-related charges.
Joined as defendants in the suit are the Inspector General of Police, (IGP), the Lagos State commissioner of police, Director of State Security Service (DSS), the National Drug Law Enforcement Agency (NDLEA), and the Attorney General of the Federation (AGF).
When the matter was mentioned Monday, Barrister O. O. Odubela -Nasir (Mrs), the counsel representing Senator Buruji Kasamu, told the court that the matter was adjourned till today for hearing and all the respondents have been served with proof of service in court’s record consequently the presiding judge, Chukwujekwu Aneke asked her to move her application.
Thereafter, she told the court that the application which was dated May 31, 2018, but filed on June 14, 2018, supported by 33 paragraphs affidavit with three exhibits attached. However, the counsel representing Director of General State Security Services, Mr A O Bajela inform the court that he has not been served with the further affidavit filed by the counsel to the applicant, but has only been served with a reply on point of law.
Consequently, Justice Aneke adjourned for further hearing for the applicant to regularise her position.
Senator Kashamu’s affidavit sworn to and filed before the court averred that in a newspaper publication: titled “Kashamu: FG demands fresh US request for extradition suit,” wherein the Attorney General of the Federation was reported to have said that “The US Government has been told to make a fresh request for the Senator after the former extradition proceedings were dismissed… as soon as US Government sends a fresh request, the new extradition proceedings will be commenced”
Senator Kashamu added that, whereas in a proceeding instituted in England by US authorities against him at the Bow Street Magistrate Court between 2002 and 2003 Government of United States of America vs Buruji Kashamu, that he was not the one implicated in the alleged narcotics offence committed in the US in 1994,consequently he was not the person sought by the US authorities.
Consequently, he urged the court to restrain the respondents and their agents from arresting or detaining him in any manner, whatsoever, interfering with the applicant’s right to personal liberty and freedom of movement.
However, in a counter affidavit sworn to by Helen’s litigation officer, Mr Kareem Olayinka, the deponent averred that Buruji Kasamu has never been exonerated of any complicity of any crime by any court either in Nigeria, United States of America or United Kingdom, so his talk of been exonerated of crime/charges of illicit traffic in narcotic drugs are false. The decision of British Court did not exonerate him of any drug charges.
NDLEA is unaware of any Interpol or indeed any law enforcement agency in OR outside Nigeria that investigated the applicant.
NDLEA contended that the claim of the applicant in his affidavit are false and a rehash of an earlier story narrated in an affidavit in support of a suit filed at Abuja High Court as far back as 2015
The Lagos division of the court of Appeal deprecated this conduct and declared it as lacking in the cause of action in its judgement delivered on May 4, 2018.
The suit, marked FH /L /CS /508/2014, was for the enforcement of the applicant’s fundamental right on the fabricated and moot claim of a purported plot to abduct and kidnap him by law enforcement agencies and had nothing to do with the execution of extradition request. That while the suit was pending, the Federal Government of the United States of America filed a request for extradition of the applicant.
AGF then requested NDLEA to secure the applicant in order to present him before a Federal Court to face the extradition charge where the court will inquire if there are valid grounds for the extradition.
The NDLEA then received intelligence that the applicant who has been anticipating the request and monitoring events was about to flee the country and disappear.
NewsmakersNG learnt from court papers that it was on this basis that NDLEA moved to secure the application and obtained a provisional warrant of arrest.
“When, even, the applicant was aware that the execution of the extradition request and provisional warrant of arrest has no bearing with suit number FHC /L /CS/508/2014, he surreptitiously misled the Federal High Court Coral O. E. Sang into conducting a contempt proceeding against the NDLEA and AGF and issuing orders restraining the execution of the extradition request of the Government of the United States of America and setting aside quashing of the provisional warrant of arrest duly issued by a more senior judge of the same Federal high court.
“That all the decisions in the said Justice O. E. Abang, in both the substantive and contempt proceedings, have been set aside and the provisional warrant of arrest validated by the court of Appeal in Appeals CA/L1030/2015.
“Consequently, NDLEA contended that the essence of this suit by the applicant is to divert attention, as well as preempt or undermine the perceived extradition request to be made by the Government of the United States,” the lawyers stated.
NDLEA urged the court to dismiss the suit for being incompetent and an abuse of legal process.
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