22nd June, 2015
Akin Kuponiyi
A Federal High Court sitting in Lagos, southwest Nigeria, has reserved ruling in a committal proceeding filed by the embattled Senator representing Ogun East Senatorial District, Prince Buruji Kashamu, against the Attorney-General of the Federation, AGF, and chairman, National Drug Law Enforcement Agency, NDLEA, Ahmadu Giade, till Tuesday.
The presiding Judge, Ibrahim Buba fixed the date after counsel representing both Prince Kashamu and the respondents, AGF and NDLEA, argued and adopted their written addresses.
Prior to fixing of Monday’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’s 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 on May 26, has been set aside, neither was there an application to stay proceedings in the suit.
Justice Buba also refused application for adjournment made by AGF, in order to file a further affidavit to respond to the application filed by Kashamu’s counsel.
During today’s proceedings, counsel to AGF, Mr. Emeka Ngige, while responding to the committal suit filed by Prince Kashamu said the suit was an attempt to mislead the court by the applicant.
He said Justice Abang had on June 8, 2015, ruled on the same suit filed before Justice Buba-led court, and that the application that Kashamu was moving was similarly moved before Justice Abang, and that such was granted.
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 obstructing 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, proceeding whether for extradition or otherwise in pursuance of any request by the US 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.