Court Restrains AGF, IG, NDLEA from Arresting Kashamu

Drug agency makes U-turn, accepts to quit Kashamu’s home

Another reprieve yesterday came the way of senator-elect, Mr. Buruji Kashamu, as Justice Okon Abang of the Federal High Court in Lagos restrained the Inspector General of Police (IG), Attorney General of the Federation (AGF), the National Drug Laws Enforcement Agency (NDLEA) and eight others from arresting him for onward extradition to the United States of America over alleged drug-related to offences.

The judge made the restraining orders while delivering judgment in the fundamental human rights enforcement suit filed by Kashamu to prevent his extradition.

The respondents in the suit included the Chairman of NDLEA, Chairman, Economic and Financial Crimes Commission (EFCC), Director General, Department of State Security (DSS) The Interpol National Central Bureau (NCB) and Attorney-General of the Federation (AGF).

Others are the Clerk of the National Assembly, the National Security Adviser, Independent Corrupt Practices and Other Related Offences Commission (ICPC), Nigeria Customs Service, the Nigeria Immigration Service (NIS) and Nigeria Security and Civil Defence Corps (NSCDC).

The court also turned down Kashamu’s request for a perpetual injunction against the respondents from assuming his position as a senator of the Federal Republic of Nigeria.

The court said the respondents cannot be restrained perpetually from arresting the applicant. They were only restrained from arresting the applicant without a warrant of arrest and from forcibly extraditing him without due recourse to the extradition acts.

Kashamu’s request for an order asking the IG to provide him with six policemen to protect him was also found to be incompetent.

The court however ordered the IG to protect him as other Nigerians.

The court further restrained the IG from withdrawing the security details currently attached to the applicant.

It equally directed the Clerk of the National Assembly to accord the applicant all he deserved as a senator of the Federal Republic of Nigeria.

In the suit, Kashamu was seeking nine declarative orders from the court. The IG and the Interpol in their counter affidavit in opposition to the applicant’s motion said no cause of action was declared against them in the suit and that the judge cannot base his judgment on speculations.

Justice Abang dismissed the preliminary objections of the NDLEA, AGF, NSA and the NSCDC.

The judge said for the purpose of determining whether or not a reasonable cause of action has been disclosed, he is enjoyed by law to accept the fact as presented by the applicant.

On the objections of the NDLEA, the court held that the insinuations by its Chairman, Ahmadu Giade, that he is not a jurisdistic person does not hold water.

The court held that the NDLEA Chairman is a natural person that can sue and be sued.

Justice Abang also dismissed the objections raised by the AGF, NSA and the NSCDC.

The court said the applicant’s claims are in line with the provisions of Chapter 4 of the 1999 Constitution.

“The claims of the applicant are fundamental rights claims and the court has the jurisdiction to them”, the judge held.

Acost of N10,000 was eventually awarded against the NDLEA in favour of the applicant.

The same amount was also awarded against the AGF, NSA and the NSCDC.

The court went ahead to restrain the respondents from arresting Kashamu for a possible extradition to the US for drug-related offence based on an existing judgement of the court that was delivered on January 6, 2014.

In the judgment, the court had restrained the IG, DSS, NDLEA, NCS and the AGF from taking any step from arresting Kashamu based on a petition linking him to a drug offence.

Justice Abang held that the order is still subsisting since there has been no order staying its execution.

“The respondents cannot in the exercise of their statutory powers, without appealing the earlier judgement, acts on any application seeking the extradition of the applicant,” the judge said.

The judge however declined to grant all the reliefs sought by the applicant that has to do with the involvement of former President Obasanjo, in his alleged planned arrest.

The judge said it noted that the alleged roles of Obasanjo was mentioned in several places in the applicant’s motion and so it is compelling that the court should hear from Obasanjo.

“Obasanjo ought to have been joined and this would have helped the court in deciding whether or not to grant the reliefs. The court cannot agree with the applicant that Chief Obasanjo colluded with others to abduct him,” the judge held.

Meanwhile, the NDLEA yesterday said it would obey the decision of the court of “competent jurisdiction” on the ongoing case involving Senator-elect, Buruji Kashamu.

In a statement by its spokesperson, Mitchell Ofoyeju, yesterday and obtained by Premium Times, the agency said as a government agency and a law enforcement institution, it has respect for the rule of law.

“The agency has therefore refused to be distracted and will continue to maintain presence at the residence,” Ofoyeju had said in a statement Tuesday.

“It is advisable that Kashamu respects the law by submitting himself to the due process of law.”

In its statement yesterday, the NDLEA said it would now obey the courts’ decisions.

“This is a legal issue and the Agency has windows of opportunities to explore legally in advancing its course,” Ofoyeju said.

“NDLEA will not violate court orders or take law into its hands in enforcing its statutory responsibilities.”