A federal high court sitting in Lagos south west Nigeria today adjourned till 15 November, 2018 a suit filed by senator representing Ogun East senatorial District Buruji Kashamu to forestall fresh move by the Federal Government of Nigeria to extradite him to United State of America to face drug related charges.
Joined as defendants in the suit are, Inspector General of Police, IGP, Commissioner of Police Lagos State Command, Director of State Security Service, DSS, the National Drug law Enforcement Agency, NDLEA and the Attorney General of the Federal, AGF.
When the matter was mentioned today, Barrister O. O. Odubela-Nasir (Mrs) the counsel representing Senator Buruji Kashamu, 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 31 May 2018 but filed on 14 June 2018 was supported by 33-paragraph affidavit with three exhibit attached to it.
Responding, the counsel representing Director of General State Security Services, Mr A O Bajela informed 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 reply on point of law.
Consequently, Justice Aneke adjourned for further hearing for the applicant to regularise her position.
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Senator Buruji Kashamu in an 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 stated 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 averred further that, whereas in a proceeding instituted in England by US authorities against him at the Bow Street Magistrate Court between 2002 and 2003.
The US government noted that Buruji Kashamu 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 NDLEA litigation officer Mr Kareem Olayinka, the deponent averred that Buruji Kashamu 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’s 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 cause of action in its judgement delivered on 4th of May, 2018.
