Kashamu: wanted badly in United States

Justice Okon Abang of a Federal High Court, Lagos, on Wednesday barred the Inspector General of Police (IGP), the National Drug Law Enforcement Agency and 10 others from ‘unconstitutionally’ arresting and extraditing Senator-elect Buruji Kashamu to the United States of America on drug related offences.

Simultaneously, the judge also supported any lawful arrest of the Ogun politician, which in effect means that the relief the judge gave Kashamu on one hand, he took back in another.

Justice Abang was emphatic that his court has not stopped the police or the NDLEA from conducting its investigations or possible arrest and extradition but it must be done within the extradition Act Laws.

“The respondents cannot be perpetually restrained from arresting the applicant but are restrained from unlawful arrest of the applicant without compliance with the provisions of the extradition act,” he said.

Abang’s judgement was close to the standpoint of the NDLEA, when it snubbed a Federal High Court order, made by Justice Ibrahim Buba that asked it to lift the siege on Buruji’s home in Lekki, Lagos.

Apart from denying an omnibus shield to Kashamu, Justice Abang also rejected the senator-elect’s prayer that the IGP should give him policemen to protect him at all times, a privilege he had enjoyed under the Jonathan administration.

Justice Abang only allowed that the police should accord him the protection that he accords every Nigerian.

Kashamu had filed a fundamental human rights’ suit seeking some judicial shield from the Chairman, Nigerian Drug Laws Enforcement Agency (NDLEA) and the Chairman, Economic and Financial Crimes Commission (EFCC).

Also included are: the Director General, Department of State Security (DSS), The Interpol, the National Central Bureau (NCB) and the Attorney-General of the Federation (AGF), the Clerk of the National Assembly , the National Security Adviser, Independent Corrupt Practices and other Related Offences Commission, Nigeria Customs Services (NCS, the Nigeria Immigration Service, and Nigeria Security and Civil Defence Corps.

Kashamu had approached the court seeking nine declarative orders which are: an order restraining the defendants and their agents from arresting, detaining, or otherwise effecting his abduction upon some allegations.

He also wanted an order directing the Clerk of the National Assembly to accord him every facility and privilege due to him as a senator-elect of the Federal Republic of Nigeria.

He also wanted the court to declare as illegal, what he called “arrangements being made by the defendants, in collusion with United States’ security operatives in West Africa and his political opponents led by General Olusegun Obasanjo to abduct him and forcibly transport him to the United States of America”.

Buruji had told the court that he had been exonerated in the United Kingdom over the allegations against him.

Delivering his judgment, Abang struck out reliefs 1, 2 and 3 sought by Kashamu, stressing that they coerced Chief Obasanjo who was not a respondent to the suit.

“The non joinder of Chief Obasanjo is fatal to prayers 1,2 and 3 on this issue. I agree entirely with the counsel representing the Clerk of National Assembly that Chief Obasanjo ought to have been joined by the applicant. Though no relief is sought against Obasanjo, but I cannot agree with the applicant that Obasanjo colluded with the 1, 2 and 6 respondents to abduct him to the US.

“Reliefs 1 to 3 are incompetent and are hereby struck out, but I have not dismissed these reliefs,” Abang ruled.

The judge, however, awarded the cost of N10, 000 against the NDLEA chairman in favour of Kashamu which must be paid before any other steps would be taken.

He awarded another N10, 000 in favour of Kashamu against the NSA, AGF and NSCDC.

The judge also ruled that the Buruji be sworn in ‎as a senator by the Clerk of the National Assembly and maintained that the IGP would provide security for Kashamu as he has been doing for every Nigerian.

The Clerk of the National Assembly was also ordered to accord Kashamu every right and privilege due to a senator-elect of the Federal Republic of Nigeria and allow him to take the oath of office as a senator representing Ogun East Senatorial distric