LAGOS, Federal Republic of Nigeria. Justice Okon Abang of a Federal High Court in Lagos State has nullified the provisional warrant of arrest secured by the National Drug Law Enforcement Agency (NDLEA) at an Abuja High Court in its quest to extradite the senator-elect for Ogun East Senatorial District, Prince Buruji Kashamu.
The judge, in a ruling on an application by Kashamu seeking an enforcement of a judgment delivered by Justice Abang in a fundamental rights enforcement suit, declared that until the judgment of the court is appealed against and set aside by the Court of Appeal, no extradition proceedings can commence against Kashamu.
The judge further held 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 Attorney General of the Federation (AGF) from taking any further steps on the extradition process.
The court further declared that the proceedings at the Abuja High Court is a nullity.
Justice Abang also overruled the preliminary objections raised by the NDLEA and the AGF.
The objections raised are to the extent that the application is an abuse of court’s process, the court has no function to perform again since judgment has been delivered and that there was no personal service of the application on the NDLEA Chairman, Ahmadu Giade.
Justice Abang had, while delivering judgment in the fundamental human rights enforcement suit, restrained the Inspector General of Police (IGP), Attorney General of the Federation (AGF) and nine others from arresting Kashamu for extradition to the United States of America over alleged drug-related to offences.
Justice Abang dismissed the preliminary objections of the NDLEA, AGF, National Security Adviser (NSA) and the National Security and Civil Defence Corps (NSCDC).
On the objections of the NDLEA, the court held that the insinuations by its Chairman, Ahmadu Giade, that he is not a jurisdistic person does not hold water.
The court held that the NDLEA chairman is a natural person that can sue and be sued.
Justice Abang also dismissed the objections raised by the AGF, NSA and the NSCDC.
The court said the applicant’s claims are in line with the provisions of Chapter 4 of the 1999 constitution.
“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 amount was also awarded against the AGF, NSA and the NSCDC.
The court went ahead to restrain the respondents from arresting Kashamu for a possible extradition to the United States for drug related offence based on an existing judgment of the court that was delivered on January 6, 2014.
