Justice Chukwejekwu Aneke of the Federal High Court in Lagos will, on April 29, deliver judgement on a suit filed by the Senator representing Ogun East Senatorial District, Buruji Kashamu, seeking to stop the move by the federal government to extradite him to the United States over drug trafficking allegations.
Senator Kashamu had dragged the inspector general of police (IGP), commissioner of police, Lagos State Command, director of State Security Service (SSS), National Drug Law Enforcement Agency (NDLEA) and the Attorney General of the Federal (AGF), seeking to restrain them from interfering with his right to personal liberty and freedom of movement.
Kashamu also asked the court for a declaration that the instructions given by the AGF to other respondents on May 25, 2018, in reaction to his letter dated May 23, 2018, wherein he protested the NDLEA’s invitation to the US government to send a request for his extradition to US, and the attempt and any further attempts by the first to fourth respondents to arrest him on the basis of the AGF’s said instructions, are breach of his fundamental rights to personal liberty and freedom as guaranteed by Section 35 of the Constitution of the Federal Republic of Nigeria as amended and Article 14 of the African Charter on Human and People Rights.
But the government agencies in their opposition to the suit argued that the essence of the suit is to divert attention, as well as preempt or undermine the perceived extradition request to be made by the government of the United States.
At the resumed hearing of the matter yesterday, the three agencies, which were represented by lawyers, in their respective preliminary objections and counter affidavits, urged the court to dismiss the applicant’s suit for being speculative and an abuse of court process.
Responding to the agencies’ counter-affidavits, Kashamu’s counsel, Mrs Ijeoma Esom, urged the court to hold that her client’s suit is not an abuse of court process as claimed by the respondents.
Esom told the court that the respondents failed to show that parties and the subject matter are the same.