By Onyewuchi Ojinnaka
A Federal High Court sitting in Lagos South West Nigeria on Monday adjourned till November 15, 2018, a suit filed by a Senator representing Ogun East Senatorial District, Buruji Kasamu to stop fresh move by the Federal Government of Nigeria to extradict 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),National Drug law Enforcement Agency (NDLEA) and Attorney General of the Federation (AGF).
When the matter was mentioned on Monday, counsel representing Senator Buruji, Barrister O. O. Odubela -Nasir(Mrs) told the court that the matter was adjourned till today(Monday) for hearing adding that all the respondents have been served with proof of service in court’s record. Consequently the presiding judge, Justice Chukwujekwu Aneke asked her to move her application.
Moving the application, she told the court that the application was dated 31st of May, 2018 but filed on 14th of June, 2018, supported by 33 paragraphs affidavit with three exhibit attached.
However,the counsel representing Director General of State Security Service, 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.
Senator Buruji Kasamu has in affidavit sworn to and filed before the court, averred that in a newspaper publication: titled “Kasamu: FG demands fresh US request for extradiction suit” wherein the Attorney General of the Federation was reported to have said 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 further averred that, whereas in a proceeding instituted in England by US authorities against him at the Bow Street Magistrate court between 2002 and 2003, “Government of United States of America vs Buruji Kashamu”; that he was not the one implicated in the alleged narcotics offence committed in the US in 1994, and therefore, 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 (applicant) in any manner whatsoever or interfering with the applicants’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 stated that Buruji Kasamu has never been exonerated of any complicity of any crime by any court either in Nigeria, United States of America or United Kingdom, and therefore his claim of been exonerated of crime/charges of illicit traffic in narcotic drugs are false. He added that the decision of British Court 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.
The Agency 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.
In sult number FH /L /CS/508/2014 was for the enforcement of the applicant’s fundamental right on the fabricated and moot claim of a purported plot to abduct and kidnap him by law enforcement agencies and had nothing to do with the execution of extradition request.
That while the suit was pending,the Federal Government of the United States of America filed a request for extradition of the applicant.
AGF then requested NDLEA to secure the applicant’s order in order to present him before a Federal court to face the extradition charge where the court will inquire if there are valid grounds for the extradition
It is stated that the Agency then received intelligence that the applicant who has been anticipating the request and monitoring events was about to flee the country and disappear .
That it was on this basis that NDLEA moved to secure the application and obtained a provisional warrant of arrest. When the applicant became aware that the execution of the extradition request and provisional warrant of arrest has no bearing with suit number FHC /L /CS/508/2014 , he surreptitiously misled the Federal High Court into conducting a contempt proceeding against the NDLEA and AGF and issuing orders restraining the execution of the extradition request of the Government of the United States of America and setting aside/ quashing the provisional warrant of arrest duly issued by a more senior judge of the same Federal High court.
That all the decisions the said Justice O. E. Abang in both the substantive and contempt proceedings have been set aside and the provisional warrant of arrest validated by the court of Appeal in Appeals CA/L1030/2015.
Consequently, NDLEA contended that the essence of this suit by the applicant is to divert attention, as well as pre-empt or undermine the perceived extradition request to be made by the Government of the United States.