A Federal High Court sitting in Lagos, southwest Nigeria,
on Tuesday while affirming the order of the court issued by Justice
Okon
Abang nullifying the provisional warrant of arrest procured by the
National Drug Law Enforcement Agency, NDLEA, to arrest the embattled
Senator representing Ogun East Senatorial District, Prince Buruji
Kashamu, and the extradition suit filed before a Federal High Court in
Abuja, declared the contempt proceeding filed before him as mere
academic exercise
The presiding Judge, Ibrahim Buba
further said he cannot make any pronouncement on the matter since there
is pending order of the court that Buruji Kashamu should not be
arrested, therefore, no extradition proceedings can commence against him
until the judgement of the court is appealed against.
Consequently, the preliminary objection filed and argued
by counsel representing both AGF and NDLEA, and their written addresses
were dismissed.
Prior to today’s ruling, Justice Buba had dismissed four oral applications made by AGF in respect of the suit.
The judge, precisely
dismissed the oral applications made by AGF counsel, Mr. Emeka Ngige,
SAN, in respect of the appeal filed at the Appeal Court against the
ruling of the court and seeking to stay proceedings of the court.
The judge said notice of appeal is not before the court, and he cannot by oral application defer proceedings in the committal proceedings.
The judge also said he has not been informed that the order made by Justice Okon Abang in May has not been set aside.
In
the committal proceedings filed before the court, Kashamu through his
lawyer, Mr. Ajibola Oluyede, is seeking a court declaration that both
AGF and NDLEA chairman committed contempt of the court by obstructiing
the administration of justice evidenced by the wilful violation of the
judgment of the court of January 6, 2014, in suit number
FHC/L/CS/49/2014 and in order to preempt the judgment of the court in
suit number FHC/L/CS/508/2015.
This suit is in response
to the extradition of Kashamu made by the United States of America,
USA, in regards to the allegations that Kashamu is complicit in narcotic
offences over 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 any 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,
and the judicial power exercised by the court’s judgment of January 6,
2014, and order of the court of April 4, 2015, in both action
respectively, and though done purportedly pursuant to a request by the
United States government for his extradition, constitute a criminal
contempt of the court, and are null and void.,
An order
nullifying steps taken by both the AGF and NDLEA against Kashamu from
May 23, 2015, including his arrest, detention, arraignment, proceedings
whether for extradition or otherwise in pursuance of any request by the
U.S. 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 proceedings in suit number FHC/L/CS/508/2015.
Source: PM News
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