The National Drug law Enforcement Agency (NDLEA) has urged a Federal High Court in Lagos to dismiss the suit, filed by the Senator representing Ogun East Senatorial District, Buruji Kashamu, seeking to stop move by the federal government to extradite him to the United States over drug trafficking allegations.
The NDLEA argued that the Senator’ suit is incompetent and an abuse of legal process.
The agency also argued in its opposition to suit that the essence of the suit is to divert attention, as well as pre-empt or undermine the perceived extradition request to be made by the Government of the United States.
The Senator had dragged the Inspector General of Police (IGP), Commissioner of Police Lagos State Command, Director of State Security Service (DSS) 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.
At the resumed hearing of the matter on Monday, Kashamu’s lawyer, Mrs. R. H. Esom informed the presiding judge, Justice Chukwujekwu Aneke that the matter was fixed for hearing of her client’s motion on notice and NDLEA’s preliminary objection to the motion.
But the NDLEA lawyer, Jonathan Sunday, told the court that though, he is ready to proceed with the hearing of the applications the fifth respondents, the Attorney General of the Federation (AGF), who the whole suit revolved round, is yet to file any application in the suit.
Also, counsel to the DSS, Moses Fajela, told the court that his client was just joined in the matter, and he would need time to file his processes.
After listening to the lawyers, Justice Aneke, noted that the first, second and fifth respondents, that is the IGP, CP, Lagos and AGF, were not represented by any lawyer due the non-issuance of hearing notice on them.
Justice Aneke consequently ordered that the hearing notice be issued and served on them, while he adjourned further proceedings in the matter till March 5, for hearing of Kashamu’s motion on notice and NDLEA’s preliminary objection.
In an affidavit sworn to by Senator Kashamu himself, he averred that in a newspaper publication: titled “Kashamu: FG demands fresh US request for extradition suit” wherein the Attorney General of the Federation was reported to have said that “the US Government has been told to make a fresh request for the Senator after the former extradition proceedings were dismissed.
He claimed that as soon as US Government sends a fresh request, the new extradition proceedings will be commenced”
Senator Kashamu further alleged that, whereas in a proceeding instituted in England by US authorities against him at the bow street Magistrate court between 2002 and 2003 “Government of United States of America vs Buruji Kashamu” that he was not the one implicated in the alleged narcotics offence committed in the US in 1994, consequently he was not the person sought by the US authorities.
However in a counter affidavit sworn to by an NDLEA litigation officer, Kareem Olayinka, the deponent averred that Buruji Kashamu has never been exonerated of any complicity of any crime by any court either in Nigeria, United States of America or United Kingdom.
NDLEA is unaware of any Interpol or indeed any law enforcement agency in or outside Nigeria that investigated the applicant.
NDLEA contended that the claim of the applicant in his affidavit are false and a rehash of an earlier story narrated in an affidavit in support of a suit filed at an Abuja High court as far back as 2015.
However, the application could not be heard on Monday because the counsel who represented the Director General SSS, A O Bajela inform the court that he has not been served with the further affidavit filed by the applicant’s counsel Mrs. O Odubela-Nasir.
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