Kashamu’s Extradition: Judge Asks Adoke, Giade to Appear in Court Today
NDLEA continues siege on his residence
Chiemelie Ezeobi Justice Ibrahim Buba of the Federal High Court in Lagos yesterday summon the Attorney General of Federation and Minister of Justice, Mr Mohammed Bello Adoke (SAN) and the Chairman of the National Drug Law Enforcement Agency (NDLEA), Alhaji Ahmed Giade to appear before the court today to be heard on the suit filed against them by the embattled senator-elect for Ogun East senatorial zone, Mr. Buruji Kashamu.
Kashamu, who is a chieftain of the Peoples Democratic Party (PDP), is wanted in the United States of America for drug-related crime.
The NDLEA had, on Saturday, placed Kashamu on house arrest pending his scheduled appearance in court yesterday.
Contrary to expectation, the NDLEA could not produce Kashamu in court yesterday as the PDP chieftain reportedly refused to yield to attempt to take him out of the house.
Kashamu, according to sources, insisted that he would not allow the NDLEA officials to take him to court for any extradition hearing until the agency was able to show him warrant of arrest.
The warrant of arrest of Kashamu was said not to be ready because the agency was yet to file necessary papers in the court to that effect.
However, while that was ongoing, Kashamu’s lawyer, Ajibola Oluyede moved an ex-parte application before Justice Ibrahim Buba of the Federal High Court in Lagos where he sought an order directing Adoke and Giade to release his client unconditionally within two hours of the service of the order on them, should it be granted.
Oluyede also filed motion on notice to commence committal proceedings against the AGF and Giade, and in the ex-parte application, he sought restraining orders against the respondents pending the hearing and determination of the committal proceedings.
He also sought an order directing the respondents to vacate Kashamu’s residence and his other properties pending the hearing and determination of the committal proceedings.
Besides, Oluyede sought an order restraining the respondents from filling, commencing, continuing or otherwise maintaining any extradition proceedings against Kashamu pending the hearing and determination of the originating motion in the suit.
He further asked for an order requiring the respondents to show cause by statement on oath filed within 48 hours of service of the order upon them why the court should not find them guilty of criminal contempt as charged in the application.
Finally, he sought an order granting the applicant (Kashamu) leave to serve the originating processes and all other process meant for service on the AGF outside jurisdiction of the court.
The ex-parte application was supported by an affidavit deposed to by one Chinedu Mbata.
However, Justice Buba, in his ruling, certified true copy of which was obtained by THISDAY yesterday, held that in view of the urgent nature of the matter and in the light of subsisting judgment and court orders, “instead of hearing an ex-parte application, the respondents (Adoke and Giade) are ordered to appear in court on 26/5/2015 at 12.00 noon in order to be heard.
“And in view of the subsisting judgment and court orders, time be and is hereby abridged for the respondents to appear.
“This order and the motion on notice shall be served unfailingly,” Justice Buba ruled.
Kashamu was alleged to have been involved in big time drug crime in and out of the United States.
Kashamu had earlier secured a judgment before Justice Okechukwu Okeke (now retired) of the Federal High Court restraining the Federal Government from taking steps to extradite him to the United States.
The judgment was upturned by the Court of Appeal and is currently pending before the Supreme Court.
However, when there was fresh move to extradite Kashamu, he again filed another matter before Justice Okon Abang of the Federal High Court in Lagos, who has fixed May 27 for judgment.
But the NDLEA yesterday said Kashamy shuuned the court sitting to determine his suit.
It said with his action, its personnel would continue its round-the-clock surveillance of his Lekki residence.
In a statement made available to THISDAY by NDLEA Head, Public Affairs, Ofoyeju Mitchell, the agency said it was working hard to ensure that he submits himself to the due process of the law.
The statement read: “Senatorelect, Buruji Kashamu has failed to appear in court from his house where he is being closely monitored by operatives of the NDLEA.
“His house remains cordoned by anti-narcotic officers pending his appearance in court. The extradition move by the NDLEA for Kashamu to answer drug trafficking charges is legal.
“The agency has not violated his rights and will continue to work within the confines of the law. He has been assured that due process of the law shall be adhered to at every stage.
“NDLEA is the appropriate government agency to implement his extradition request and will diligently pursue the processes to a logical conclusion.