Lagos—A Federal High Court sitting in Lagos,
yesterday, restrained the Inspector General of Police,
IG, and Attorney General of the Federation, AGF,
from arresting the Senator-elect for Ogun East
Senatorial District, Prince Buruji Kashamu, for
onward extradition to the United States of America
over alleged drug-related offences.
Meanwhile, the National Drug Law Enforcement
Agency, NDLEA, yesterday recanted its stance on
Tuesday’s court order by another Federal High Court
when it pledged to obey the order of the court and
vacate Kashamu’s residence.
Justice Okon Abang in his judgement in a fundamental
human rights enforcement suit by Kashamu, challenging
plans to extradite him to the US, held that the
agencies must comply with the letters of the Extradition
Act if they must arrest or extradite the senator -elect.
The court further restrained the IG from withdrawing
the security details currently attached to the applicant.
The court also directed the Clerk of the National
Assembly to accord the applicant all he deserved as a
Senator of the Federal Republic of Nigeria.
The judge, who noted that he cannot perpetually
restrain the respondents from arresting Kashamu, said
“the respondents cannot be perpetually restrained from
arresting the applicants but are restrained from
unlawful arrest of the applicant without compliance to
the provision of the Extradition Act.”
Respondents in the suit are Chairman, NDLEA;
Chairman, Economic and Financial Crimes
Commission, EFCC; Director General, Department
of State Security, DSS; the Interpol, National
Central Bureau, NCB and Attorney-General of the
Federation, AGF.
Others are the Clerk of the National Assembly, the
National Security Adviser to the President of the
Federal Republic of Nigeria, Independent Corrupt
Practices Commission, ICPC, Nigeria Custom
Services, the Nigeria Immigration Service, NIS and
Nigeria Security and Civil Defence Corps.
Kashamu had prayed the court to restrain the
defendants and their agents from arresting, detaining or
otherwise effecting his abduction upon spurious
allegation.
The IG and the Interpol, in their counter affidavit in
opposition to the applicant’s suit, had averred that no
cause of action was declared against them in the suit
and that the judge cannot sustain the suit based on
speculations.
NDLEA in its counter-affidavit had averred that it
had not received any instruction from the AGF or
anywhere to extradite the applicant, adding that it was
not aware of any plan to forcefully transport Kashamu
to the United States for prosecution over alleged
drug-related offences.
NDLEA argued that sometimes in 2003, the applicant
was discharged of drug offences by a United Kingdom
court over mistaken identity, urged the court to strike
out the suit on the ground that it didn’t disclose a
reasonable cause of action against it.
The EFCC Chairman and the Director General of
DSS, in their counter affidavits, averred that they
were not in collusion with the United States
Government or former President Olusegun Obasanjo
or anyone to kidnap or arrest the applicant.
We’ll abide by court’s decision—NDLEA
NDLEA’s head of Public Affairs, Mitchell Ofoyeju,
in a statement, said: “The agency will obey the decision
of the court of competent jurisdiction on the ongoing
case involving senator-elect, Buruji Kashamu. As a
government agency and a law enforcement institution
that has respect for the rule of law, the NDLEA will
abide by the decisions of a competent court.
“This is a legal issue and the agency has windows of
opportunities to explore legally in advancing its case.
NDLEA will not violate court orders or take law into
its hands in enforcing its statutory responsibilities.”
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