Kashamu Vs NDLEA : Court Dismisses Contempt Proceedings
A Federal High Court sitting in Lagos, Nigeria , on Tuesday while affirming the order of the court issued by Justice Okon Abang nullifying the provisional warrant of arrest procured by the National Drug Law Enforcement Agency, NDLEA , to arrest the embattled Senator representing Ogun East Senatorial District, Prince Buruji Kashamu, and the extradition suit filed before a Federal High Court in Abuja , declared the contempt proceeding filed before him as mere academic exercise.
The presiding Judge, Ibrahim Buba averred that he cannot make any pronouncement on the matter since there is pending order of the court that Buruji Kashamu should not be arrested , therefore , no extradition proceedings can commence against him until the judgement of the court is appealed against.
Consequently, the preliminary objection filed and argued by counsel representing both AGF and NDLEA , and their written addresses were dismissed.
Prior to today’ s ruling , Justice Buba had dismissed four oral applications made by AGF in respect of the suit.
The judge, precisely dismissed the oral applications made by AGF counsel , Mr. Emeka Ngige , SAN, in respect of the appeal filed at the Appeal Court against the ruling of the court and seeking to stay proceedings of the court.
The judge said notice of appeal is not before the court , and he cannot by oral application defer
proceedings in the committal proceedings .
The judge also said he has not been informed that the order made by Justice Okon Abang in May has not been set aside.
In the committal proceedings filed before the court , Kashamu through his lawyer , Mr. Ajibola Oluyede , is seeking a court declaration that both AGF and NDLEA chairman committed contempt of the court by obstructiing the administration of justice evidenced by the wilful violation of the judgment of the court of January 6, 2014 , in suit number FHC /L/CS /49/2014 and in order to preempt the judgment of the court in suit number FHC /L/CS/508 /2015.
This suit is in response to the extradition of Kashamu made by the United States of America, USA , in regards to the allegations that Kashamu is complicit in narcotic offences over which he has been exonerated by a British judge.
He is also seeking a court declaration that the invasion, destruction of properties, harassment, humiliation, arrest, and his detention by NDLEA at the instance of AGF from Saturday, May 23, 2015, and any extradition proceeding commenced thereupon undermined the integrity of the judicial process invoked in suit number FHC /L/CS/49 /2010 and FHC/L /CS/508 /2015 , and the judicial power exercised by the court’s judgment of January 6, 2014 , and order of the court of April 4, 2015, in both action respectively, and though done purportedly pursuant to a request by the United States government for his extradition , constitute a criminal contempt of the court , and are null and void.
An order nullifying steps taken by both the AGF and NDLEA against Kashamu from May 23, 2015, including his arrest , detention, arraignment, proceedings whether for extradition or otherwise in pursuance of any request by the U .S . government for his extradition on the basis of allegations forming the subject of the judgment of the court in suit number FHC /L/CS/49 /2010 and proceedings in suit number FHC/L/CS/508 /2015.
