Court nullifies warrant of arrest on Kashamu

Paul Dada |

A Federal High Court in Lagos has nullified the provisional warrant of arrest obtained by the National Drug Law Enforcement Agency (NDLEA) at an Abuja High Court against the PDP Senator-elect for Ogun East Senatorial District, Prince Buruji Kashamu.

Justice Okon Abang thus halted the quest of the NDLEA to extradite Kashamu to the USA for an alleged involvement in drug offences.

The judge was ruling on an application by Kashamu seeking an enforcement of a judgment delivered by Justice Abang in a fundamental rights enforcement suit filed by the Senator-elect declared that until the judgment of the court are appealed against and set aside by the Court of Appeal, no extradition proceedings cannot commence against Kashamu.

Justice Abang maintained  that the provisional warrant of arrest was obtained for want of jurisdiction in the sense that the judge’s attention was not drawn to the existing order barring NDLEA and the AGF from taking any further steps on the extradition process.
Justice Abang declared that the  order of Abuja High Court was null.  Justice Abang further overruled the preliminary objections raised by the NDLEA and the AGF.

They had raised the objection that the application was an abuse of court’s process. They argued that the court had no function to perform again since judgement has been delivered and that there was no personal service of the application on the NDLEA Chairman, Ahmadu Giade.

Justice Abang had while delivering a verdict  in the fundamental human rights enforcement suit restrained the Inspector General of Police(IGP), Attorney General of the Federation(AGF) and 9 others from arresting Kashamu for an onward extradition to the United States of America over alleged drug-related to offences.

Justice Abang actually  dismissed the preliminary objections of the National Drug Law Enforcement Agency(NDLEA), Attorney General of the Federation(AGF), National Security Adviser(NSA) and the National Security and Civil Defence Corps(NSCDC).

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

The court had held that the insinuations by the Chairman of the NDLEA  Ahmadu Giade, that he was not a jurisdistic person did not hold water.

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

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

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

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

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