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| Buruji Kashamu |
The senator representing Ogun East senatorial district, Mr. Buruji Kashamu, has filed appealed against the judgment of the Court of Appeal, Lagos, which gave the National Drug Law Enforcement Agency (NDLEA) the nod to begin extraction process against him to the United State of America (USA), to face drug related charges offences.
The Court of Appeal delivered the judgment on May 4, 2018, following the two separate appeals filed by the Attorney-General of the Federation (AGF) against the ruling of the Federal High Court in Lagos restraining NDLEA and other security agencies from arresting and extraditing the senator.
The three man panel led by Justice Yagarta Nimper nullified a ruling by Justice Okon Abang of the Federal High Court in Lagos, which prohibited the arrest of Kashamu by NDLEA.
Justice Abang had on May 25, 2015, restrained the NDLEA and other agencies of the federal government perpetually from arresting, detaining, attacking or otherwise effecting the abduction of Kashamu upon charges based on allegations of drug trafficking leveled against him by the United States Government.
The judge also set aside and nullified the warrant for the arrest of Kashamu by Justice Saliu Saidu.
However, in unanimous decision, the appeal court upheld the argument of the counsel to the Attorney-General of the Federation, Chief Emeka Ngige (SAN) that Justice Abang was held in error in granting some of the injunctive reliefs sought by Kashamu upon inadmissible evidence.
The court said the senator was not above the law and should be arrested if there is a need.
However, Kashamu in the two notices of appeal to the Supreme Court, is praying the apex court to enforce his rights, adding that the Court of Appeal erred in law and occasioned a miscarriage of justice by dismissing his objections.
He urged the court to set aside the Court of Appeal judgment, which dismissed his fundamental rights.
“The lower court misdirected itself when it held that the appellant has not made out a case of breach or likelihood of breach of his fundamental rights.”
He argued that his affidavit before the Court of Appeal was full of facts showing the conclusion of a plot by the Attorney-General of the Federation (AGF) and others to abduct and transport him to the United States to face trial over alleged offences in respect of which he had been exonerated.
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The Court of Appeal delivered the judgment on May 4, 2018, following the two separate appeals filed by the Attorney-General of the Federation (AGF) against the ruling of the Federal High Court in Lagos restraining NDLEA and other security agencies from arresting and extraditing the senator.
The three man panel led by Justice Yagarta Nimper nullified a ruling by Justice Okon Abang of the Federal High Court in Lagos, which prohibited the arrest of Kashamu by NDLEA.
Justice Abang had on May 25, 2015, restrained the NDLEA and other agencies of the federal government perpetually from arresting, detaining, attacking or otherwise effecting the abduction of Kashamu upon charges based on allegations of drug trafficking leveled against him by the United States Government.
The judge also set aside and nullified the warrant for the arrest of Kashamu by Justice Saliu Saidu.
However, in unanimous decision, the appeal court upheld the argument of the counsel to the Attorney-General of the Federation, Chief Emeka Ngige (SAN) that Justice Abang was held in error in granting some of the injunctive reliefs sought by Kashamu upon inadmissible evidence.
The court said the senator was not above the law and should be arrested if there is a need.
However, Kashamu in the two notices of appeal to the Supreme Court, is praying the apex court to enforce his rights, adding that the Court of Appeal erred in law and occasioned a miscarriage of justice by dismissing his objections.
He urged the court to set aside the Court of Appeal judgment, which dismissed his fundamental rights.
“The lower court misdirected itself when it held that the appellant has not made out a case of breach or likelihood of breach of his fundamental rights.”
He argued that his affidavit before the Court of Appeal was full of facts showing the conclusion of a plot by the Attorney-General of the Federation (AGF) and others to abduct and transport him to the United States to face trial over alleged offences in respect of which he had been exonerated.
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