By Onyewuchi Ojinnaka
The National Drug Law Enforcement Agency (NDLEA) has filed a
preliminary objection before a Federal High Court sitting in Lagos,
opposing a suit by Senator Buruji Kashamu, seeking to stop his
extradition to the United States, to face drug related charges.
Kashamu had in his suit marked FHC/L/CS/930/2018, joined as respondents;
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.
Meanwhile, in a notice of preliminary objection, the NDLEA is asking the court to dismiss the applicant’s suit as being incompetent, as it did not disclose any infringement on his rights.
The NDLEA also wants the court to dismiss the suit as being an abuse of court process.
When the case was called on Monday, Mrs Ifeoma Esom announced appearances for the applicant, while Messrs M. O Bajela and J. N Sunday, respectively, appeared for the third and fourth respondents.
There was no legal representation for the first, second, and fifth respondents.
Applicant Counsel then informed the court that the case was slated for hearing of the originating motion, as well as the respondent’s preliminary objection, adding that she is ready to proceed.
Other counsel also informed the court that they were ready to proceed.
But, the trial judge, Justice Chukwujekwu Aneke, enquired why the other respondents were not in court and whether they had been served with hearing notices.
In response, counsel informed the court that no hearing notices were issued on the respondents.
Following the development, Justice Aneke, consequently, ordered that hearing notices be issued on the first, second and fifth respondents respectively, and adjourned the case until February 5, for hearing.
In an affidavit in support of its preliminary objection, deposed by one Kareem Olayinka, a litigation officer of the NDLEA, the Agency 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 US 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 central and and basic relief sought, is a restraining order against the NDLEA, from arresting and extraditing him to the US.
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 avers 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 Agency is therefore, asking the court to dismiss the suit.
In her submission, applicant’s counsel Mrs Ifeoma Esom, told the court that the matter was adjourned for hearing adding that all respondents have been served.
She told the court that the application dated May 31, was supported by 33 paragraphs affidavit with three exhibits attached.
But refuting the claim of applicant’s counsel, one of the defence counsel Mr A O Bajela, informed the court that he has not been served with a further affidavit filed by counsel to the applicant, but has only been served with a reply on point of law.
Consequently, Justice Chukwujekwu Aneke, adjourned the case for the applicant to regularise processes.
In a 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 further 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.
Meanwhile, in a counter affidavit sworn to by NDLEA litigation officer Mr Kareem Olayinka, the deponent averred that Kashamu has not been exonerated of complicity in any crime by any court whether in Nigeria, USA or United Kingdom.
He stated that his talk of been exonerated of criminal charges of illicit trafficking in narcotics, were false.
He further stated that the NDLEA is unaware of any Interpol or indeed any law enforcement agency in or outside Nigeria that investigated the applicant.
Consequently, he urged the court to dismiss the suit as being an abuse of court process.
