The National Drugs Law Enforcement Agency (NDLEA) on Monday urged a Federal High Court sitting in Lagos, to dismiss fundamental rights enforcement suit, filed by Buruji Kashamu, seeking to stop security agencies from extraditing him to the United State of America (USA), over drug related offences.
The senator representing Ogun East at the National Assembly, in a suit marked FHC/L/CS/930/2018, had filed by his lawyer, Ifeoma Esom, dragged Inspector-General of Police (IGP), Commissioner of Police Lagos State, NDLEA and Attorney-General of the Federation (AGF) before the court presided over by Justice Chukwujekwu Aneke, seeking an order of perpetual injunction restraining all the respondents from arresting or detaining him in any matter whatsoever interfering with his personal liberty and freedom of movement on the basis of his lawyer’s letter dated May 23, 2018, wherein he protested the NDLEA’s invitation to USA to send a request for his extradition.
Kashamu also urged the court for a declaration that the instructions given by the AGF to other respondents on May 25, 2018, in reaction to his letter dated May 23, 2018, wherein he protested the NDLEA’s invitation to the USA to send a request for his extradition to US, and the attempt and any further attempts by the first to fourth respondents to arrest him on the basis of the AGF’s said instructions are breach of his fundamental rights to personal liberty and freedom of as guaranteed by Section 35 of the Constitution of the Federal Republic of Nigeria as amended and article 14 of the African Charter on human and people of Nigeria.
In a preliminary objection filed by its counsel, J. N. Sunday and Ichakpa Oigoga, the NDLEA, urged the court to dismiss Kashamu’s suit for being incompetent, as it failed to disclose any infringement of his right. And for being an abuse of court processes.
NDLEA in an affidavit in support of the preliminary objection deposed to by one of its litigation/exhibit officers, Kareem Olayinka, stated that the authority of the USA are currently seeking to have Kashamu extradited to their country to answer charges relating to the trafficking in heroin. And that the USA government had made the request sometimes in May 2015.
The deponent also states that since the applicant began get wind of the extradition request he has filed multiplicity of law suits relating to the issue.
Among the suits filed by the include: suit numbers FHC/L/CS/508/14, FHC/L/CS 508/2015, FHC/L/CS/763/2015 and FHC/L/CS/479/2015, before Justice O. E. Abang, Justice Nasir Ibrahim Buba and Justice G. O. Kolawole.
Adding that the AGF successful prosecuted a d appeal against the judgment of Justice O. E. Abang in both substantive and contempt case and obtained judgments setting aside the decisions of the lower court in appeal numbers CA/L/1030/2015 and CA/L/1030A/205.
He urged the court to dismiss Kashamu’s suit as it failed to disclose any cause of action against AGF, for violation of his rights and that the multiplicity of actions continuously filed and maintained by the applicant against NDLEA i in shopping for forum that will grant his desire relief by his multiplicity of his actions.
At the resumed hearing of the proceedings, Kashamu’s lawyer, Mrs. Esom told the court that the matter is slated for hearing of her client’s motion on notice and NDLEA’s preliminary objection to the motion.
However, NDLEA lawyer, Mr. J. N. Sunday, told the court that though, he is ready to proceed with the hearing of the applications but the fifth respondents, AGF, who the whole suit revolved round, is yet to file any application in the suit.
Also, counsel to the DSS, M. O. Fajela, told the court that his client was just dragged into the matter, as the suit has been on since 2015.
The presiding judge, Justice Chukwujekwu Aneke, observed that the first, second and fifth respondents, that is the IGP, CP, Lagos and AGF, were not represented by any lawyer due to non-issuance of hearing notice on them.
He consequently ordered that the hearing notice be issued and served on them, while adjourned the matter till March 5, for hearing of Kashamu’s motion on notice and NDLEA’s preliminary objection.