A Federal High Court judge sitting in Lagos State presided over by Justice Ibrahim Buba has once again upheld judgement restraining any extradition order against Ogun State senator, Buruji Kashamu to the United States of America where he is alleged to be wanted for drug related offences.
Justice Buba held that Justice Okon Abang’s ruling on the matter “is still subsisting and must be complied with until set aside by a superior court”. He however, overruled an application filed against the Attorney General of the Federation (AGF), and the Chairman of National Drug Law Enforcement Agency (NDLEA), by Senator Kashamu.
Justice Buba while striking out the contempt suit described the application as only an academic exercise and unnecessary as the case had previously been ruled on by Justice Abang. He warned the AGF and NDLEA to comply with the orders of the court on the matter insisting that government agencies are bound by the rule of law in order to avoid anarchy.
Justice Buba held that; “There should be no overzealous conduct from either of the parties. They (AGF and NDLEA Chairman) should be of good behaviour until their appeal is determined.
“No matter how aggrieved, they should abide by the order of court until there is a counter order from a superior court.
“For the avoidance of doubt, orders of Justice Abang are still subsisting and must be complied with.”
Senator Kashamu had asked that the court declare the AGF and the NDLEA Chairman in contempt by virtue of their willful violation of court orders on January 6, 2015 in suit number FHC/L/CS/49/2014 and trying to preempt the judgement of the court in suit number FHC/L/CS/508/2015.
He also asked that the court declare the destruction of property, invasion, harassment, humiliation, arrest and detention by the NDLEA on the instance of the AGF on Saturday, May 23, 2015 and any extradition steps taken undermined the integrity of the judicial process invoked in their previous suits.
Justice Abang had previously held that the provisional warrant of arrest secured by the NDLEA in a Federal High Court sitting in Abuja against Senator Kashamu be nullified while also declaring that until an appeal had been sought and granted by the Court of Appeal set aside the judgement of the court against extradition, no such proceedings could commence.
