Extradition: Court adjourns to May 23 suit filed by Kashamu — Nigerian Pilot News
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Extradition: Court adjourns to May 23 suit filed by Kashamu

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Federal High Court in Lagos yesterday, further adjourned to May 23, to reopen
hearing in a suit by Sen. Buruji Kashamu, seeking to stop his extradition to the
U.S., to face alleged drug-related charges.
Kashamu, who is Senator representing Ogun East Senatorial District at the
National Assembly, had in his suit labelled FHC/L/CS/930/2018, joined the
following as respondents:
The Inspector-General of Police, Commissioner of Police Lagos Police Command,
Director General State Security Service, DSS, National Drug Law Enforcement
Agency, NDLEA, and the Attorney General of the Federation, AGF.
He is urging the court to restrain the respondents and their agents from arresting
or detaining him, in any manner whatsoever, or interfering with his right to
personal liberty and freedom of movement.
Justice Chukwujekwu Aneke had taken arguments in the suit from respective
parties and had reserved his judgment until April 29.
On April 29, judgment could not be delivered in the suit as the period fell within
the Easter vacation, and the court did not sit.
The matter was consequently, adjourned until May 10, 2019.
When the case was called yesterday, Mr. Ichakpa Oigoga, was the only counsel
who appeared on the side of the defence, and he announced appearance for the
NDLEA.

The court then asked him if he was aware of a letter written by applicant, and
when he replied No, Justice Aneke asked the registrar to show him copy of the
letter to the court.
After reading the letter, Oigoga informed the court that defence would file its
counter affidavit in opposition.
The judge said that since a letter had already been written, the Court had a duty
to hear every party.
The court consequently, adjourned the case until May 23, for hearing.
The applicant is seeking to reopen argument in the case which had already been
concluded and adjourned for judgment.
In his supporting affidavit, the applicant averred that by a newspaper publication,
the Attorney General of the Federation was reported to have said that the US
Government had been told to make fresh request for his extradition after the
former proceedings were dismissed.
He averred that, in a proceeding instituted in England by the US authorities
between 2002 and 2003, it was established that he was not the one implicated in
the alleged narcotics offence committed in the US in 1994.
He said that consequently, he was not the person sought after by the US
authorities.
Kashamu, is therefore, urging the court to restrain the respondents and their
agents from arresting or detaining him, in any manner whatsoever, or interfering
with the applicant’s right to personal liberty and freedom of movement
Meanwhile, in a preliminary objection, deposed to by one Kareem Olayinka, the
NDLEA averred that authorities of the United States are currently seeking to
extradite the applicant to their country, to answer charges relating to Heroine
trafficking.
He said that the U.S. government then made a request to the Nigerian
government, for the applicant to be extradited sometime in May 2015.
The Agency said that since Kashamu got wind of the extradition request, he has
filed multiplicity of law suits relating to the issue.
He averred that in all these actions the basic relief sought, is a restraining order
against the NDLEA, from arresting and extraditing him to the U.S.

According to the NDLEA, this suit does not disclose any cause of action against
the respondent, adding that the multiplicity of the action by the applicant against
the NDLEA is intended to divert its energy and attention from discharging its
mandate to the nation.
He averred therefore, that the NDLEA needs the protection of the court to stop
this trend, as the applicant is only engaged in shopping for a forum that will grant
his desired reliefs.
The anti-graft agency, therefore, asked the court to dismiss the suit.

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