The Federal Government has appealed against the court orders made by Justice Ibrahim Buba and Justice Okon Abang of the Federal High Court in Lagos, barring security agencies from arresting or extraditing Senator Buruji Kashamu over drug charges in the United States.

Justice Buba on June 8 barred the National Drug Law Enforcement Agency (NDLEA) from extraditing Kashamu.

The judge had ordered that the respondents shall not in the face of the court’s subsisting judgments/orders and pending suit enforce the May 25 warrant of arrest or arraign Kashamu based on the extradition process filed on May 28.

He said it was “so as not to get conflicting orders whilst cases are pending and judgments/orders subsisting, including committal proceedings.”

But in the appeal filed on behalf of the Attorney-General of the Federation by Chief Emeka Ngige (SAN), the appellant said Justice Buba ought to have dismissed Kashamu’s suit as an abuse of court process.

It said the court has no supervisory jurisdiction over another Federal High Court of coordinate jurisdiction hearing extradition proceedings duly commenced before it.

Besides, it said the court cannot fetter the hands of security or prosecuting agencies in the lawful discharge of their functions.

According to the AGF, Justice Buba’s order was made without jurisdiction and seeks to shield a fugitive from facing a duly initiated extradition.

The appellant added that the trial judge erred in law in making the order without hearing from the AGF, thereby breaching his right to fair hearing.

“The trial court is under obligation to hear all the parties before making the order that seeks to prevent the 1st Respondent from performing his statutory duties under the Extradition Act Cap E25 LFN 2004.

“Failure to hear the first respondent (AGF) before making the order is fatal to the proceedings. The first respondent was not afforded fair hearing in the proceedings,” the appellant said.

It, therefore, sought orders allowing the appeal; setting aside the decision of the lower court contained in the June 8 ruling and an order dismissing Kashamu’s suit.



Ngige yesterday told Justice Buba that he also filed a stay of execution of the order at the Court of Appeal pending the hearing and determination of the appeal.

He also sought an order staying further proceedings in the suit before Justice Buba pending the hearing and determination of the appeal.

Ngige said Kashamu was seeking to prevent federal agencies from performing their statutory duties under the Extradition Act.

Justice Abang, on May 27, held that Kashamu should not be abducted, kidnapped or unlawfully arrested and taken to America by force to face criminal charges without the respondents following the provisions of Extradition Act 2004.

He said taking Kashamu out of the country by force or without his consent would constitute a breach of his fundamental rights to personal liberty and freedom of movement as enshrined in sections 35(I) and 40 of 1999 Constitution as amended.

But the AGF, in the appeal, said Justice Abang based his judgment on assumptions and speculations which are not permitted in judicial proceedings.

Besides, the appellant said Kashamu’s claims as formulated in his originating processes do not fall within the ambit of the provisions of Chapter IV of the 1999 Constitution.

“There is a presumption that the State as represented by 1st -12th Respondents cannot engage in criminal activities such as ‘abduction’ or ‘kidnapping’ of her citizens which formed the kernel of the applicant’s case,” the appellant said.

Speaking to newsmen after yesterday proceedings before Justice Buba, Ngige faulted the claim that two United Kingdom Courts exonerated the Senator representing Ogun East Senatorial District of drug crime, insisting that the claim was not only untrue, but misleading.

Accordinf to the Senior Advocate, the claim was aimed at achieving sinister motive.

His words: “That is the misleading aspect of the whole thing. Kashamu was not tried before the British Courts. He only went through extradition proceeding and the extradition application failed based on the fact before the court.

“Now, that does not and cannot constitute a bar on further extradition proceeding or trial for drug crime in any other country or other court,” Ngige said.
http://thenationonlineng.net/new/fg-appeals-orders-on-kashamus-arrest-extradition-2/

The person wey dey do this man never turn back.....dem wan make sure say he go jail by force...Make I turn prophet small, Every power wey dey do Nairalanders will be rendered powerless! Let me hear your Amen..

Let him be extradited and prove his innocence if he is truly not guilty . what is he doing in the chambers

The Alhaji of Chicago can donate 10 trailers of Tomatoes, but it will in no way stop our offer of Free Visa to the U.S of A.

Let him go there and clear his name and stop hiding his drug money in the shadow of his late brother.

I just wonder the kind of court and judges we have in this country. Just why hinder the agency from performing its statutory obligation That Kashamu monkey must be extradited to the states to clear his name. Why is he even afraid of going to the states to clear his name?... if not that he is already guilty as charged.

Kashamu has no fundamental right here. He is accused and his only right is to clear himself from the accusations. What's wrong with that judge self

Our agencies must be independent and given the power to perform their statutory duties unhindered! Awwww c'mon!

This man for just stay away from politics. Your hand know clean, u de run mouth.

Make una wait till him leave office be that

He can run but he can't hide, his mistaken identity story is so weak that the only reason he hasn't been forcefully extradited since is that his alledged crime was committed before E-passport with biometrics became a thing.

Burger01:
I just wonder the kind of court and judges we have in this country. Just why hinder the agency from performing its statutory obligation. That Kashamu monkey must be extradited to the states to clear his name. Why is he even afraid of going to the states to clear his name?... if not that he is already guilty as charged.

Kashamu has no fundamental right here. He is accused and his only right is to defend the accusations. What's wrong with that judge self

Our agencies must be independent and given the power to perform their statutory duties unhindered! Awwww c'mon!

It's either he has a very good lawyer or he has been bribing his way thus far. I'd stake a claim for the later though

modath:


He can run but he can't hide, his mistaken identity story is so weak that the only reason he hasn't been forcefully extradited since is that his alledged crime was committed before E-passport with biometrics became a thing.

all na politics how many pple get clean money for nigeria?

If Kashamu had avoided politics, this drama wouldn't have occurred.

Anyway, I wish him luck.

As for the people shouting "extradite him", I, Idi Amin will never for once support an extradition of my fellow countryman over an offence even our Heads of State once committed and went free.

IBB will bear me witness.

I will keep saying it that kashamu has not faced charges in court on drugs related cases , all that happened in Britain was an extradition hearing . These are two different things

If we must grow as a nation we have to be law abiding to the letter. Judiciary as an arm of government is heavily corrupt and most of the time incompetent in the discharge of its duty.

As IdiAmin1 has rightly put it, if GEJ/PDP had allowed him to operate in background he wouldn't have been this exposed. Not to think of how OBJ warned them. This is another low performance for the last administration. Imagine how American press would now be describing this sceneario- A Nigerian drug baron and serving senator. . . . . chai, my country don suffer again.

Only in Nigeria

Make obama calm down 1st! I think kashamu dey form "it wasn't me like shaggy"? No shaking! Let them allow him resume in the senate, then make buhari ensure dey nack him chairman of one sweet committee like power or oil and gas, which would require him and other members to make constant trips to the u.s and europe in order to bring in foreign investment and network! Let us then wait and see whether he would refuse to be going on such trips that would help him rep his ogun people and nigerians! He will tell us whether he came to the senate to just dey look as abuja be!

eeeeee

This is a clear lesson to those who want to make it at all cost.

At a time, kashamu was probably poor and wretched. Then he told himself 'anyhow, we go make this money'.

Then he set out aggressively and made the money anyhow. But now he has lost his peace of mind.

For me, his greatest undoing was joining politics and then attempting to slight baba obasanjo.

For today's youths, making money is important, money will come. Don't be faster than your destiny

something is missing...

who is the attorney general of the federation? I thought ministers under GEJ left on the last day of his tenure?

If Buhari government must be seen as a government with zero tolerance for corruption, people like Kashamu must be made to face the law. I don't see any reason why his case shouldn't vindicate him if it is truly a case of mistakn identity. I'm sure he has been using a lot of influence and bribe on the juduciary to get this far. But one day, his political influence and bribe will fail him.

this should be at the front page supermod lalasticlala attention Sir!

ss

Kashamu is really the saddest Senator we have for now. Let the right thing be done fairly

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Yelowbars, choping demselves since d days of awolowo

Power pass power.

H

criminals

The era of impunity is over, smoke them out.... Hand over Kashamu to USA so anybody found wanting in the previous administrations would also be returned asap to face judgment in Nigeria.

OREMUSSANCTUS:
Yelowbars, choping demselves since d days of awolowo

And you will still be the one shouting corruption is eating the nation when you keep typing such... smh

This is wat happens wen ur out for any politicial position!!!even ur last food will b known let alone ur past criminal life

Hmm! Kashamu the mafia don...You know how the mafia operate. Anyway,if you have problem lasting long in bed, hit me up on BBM- 7C22F6EC.

ghen ghen...

make I dey watch