Justice Ibrahim Buba of Federal High Court Lagos on Tuesday reaffirmed the validity of a judgment delivered by his brother judge, Justice Okon Abang who restrained any extradition process against the Senator representing Ogun East Senatorial District, Buruji Kashamu.
While delivering judgment on a contempt application filed by Kashamu against the Attorney General of the Federation (AGF) and the Chairman of National Drug Law Enforcement Agency (NDLEA), Ahmadu Giade, Justice Buba held that for the avoidance of doubt, it should be noted that an order made by another judge of the court, “is still subsisting and must be complied with until set aside by a superior court.”
Justice Buba, who had earlier dismissed a preliminary objection filed by the NDLEA, said from the processes before him, he was satisfied that the defendants were properly served.
While determining the merit or otherwise of the contempt application filed by Kashamu against the AGF and NDLEA Chairman, Buba held that since Justice Abang had previously ruled on a similar case, the instant suit had become purely an academic exercise and unnecessary.
The judge however, advised the AGF and the NDLEA Chairman to be of good conduct and obey the subsisting order of court.
“There should be no overzealous conduct from either of the parties. Government agencies must abide by the rule of law to avoid anarchy.
“They (AGF and NDLEA Chairman) should be of good behavior until their appeal is determined.
“No matter how aggrieved, they should abide by the order of court until there is a counter order from a superior court.
“For the avoidance of doubt, orders of Justice Abang are still subsisting and must be complied with”, Justice Buba declared.
In the committal application, Kashamu had prayed the court to declare that both AGF and NDLEA Chairman were in contempt of the court by reasons of steps taken, in obstruction of the administration of justice evidenced by the willful violation of the judgment of the court of January 6, 2014, in suit number FHC/L/CS/49/2010 and in order to pre-empt the judgment of the court in suit number FHC/L/CS/508/2015.
He further prayed the court to declare 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.
Kashamu further sought an order nullifying every steps taken by both the AGF and NDLEA against him from May 23, 2015, including his arrest, detention, arraignment, proceeding whether for extradition or otherwise in pursuance of any request by the US 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 proceeding in suit number FHC/L/CS/508/2015.
According to the previous matter, Justice Abang had nullified the provisional warrant of arrest secured by the NDLEA against Kashamu before a Federal High Court in Abuja.
The judge also declared that until the judgment of the court against extradition was appealed against and set aside by the Court of Appeal, no extradition proceedings could commence against Kashamu.
He held that the provisional warrant of arrest was obtained for want of jurisdiction in the sense that the judge’s attention was not drawn to the existing order restraining NDLEA and the AGF from taking any further steps on the extradition process, declaring the proceedings before the Abuja Court as a nullity.
