The Federal High Court, Abuja, on Thursday, restrained the Federal Government from extraditing Senator Buruji Kashamu, to the United States to over alleged complicity in the illicit drug trade.

Delivering judgment, Justice Okon Abang, held that neither the Federal Government nor any of its agents could validly initiate extradition proceedings against Kashamu in view of subsisting judgments and orders in favour of the plaintiff, which had remained unchallenged.

Abang particularly noted that the judgment delivered by the Federal High Court, Lagos, on January 6, 2014 (in suit No:49/2010) and another judgment of July 1, 2016, given by the Federal High Court, Abuja (in suit No: 479/2015), which prohibited Kashamu’s extradition on account of the US drug allegation, were still subsisting.

The Attorney General of the Federation (AGF) and the National Drug Law Enforcement Agency (NDLEA) are the defendants.

Kashamu had, in the suit, challenged the propriety of a letter by Shehu Bodinga of the Central Control Unit in the AGF’s office, requesting the US Embassy in Nigeria to forward a fresh extradition application after the judgment by Justice Gabriel Kolawole (then of the Federal High Court, Abuja) in suit  No: 479/2015, voiding earlier extradition proceedings.

Justice Abang held that Justice Kolawole’s judgment, in nullifying the earlier extradition proceedings, was based on two judgments of the Federal High Court in suits Nos: 49/2010 and 508/2015, declaring as unlawful all attempts to extradite Kashamu in view of the judgements by two British courts which held that he was not the person involved in the drug crime in the US.

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The judge noted that while the AGF successfully challenged the court’s decisions in suit 508/2015, which was set aside in the appeal marked: 1030 and 1030a on May 4, 2018, the AGF failed to appeal the other judgment in the suit No: 49/2010.

Abang held that, since the judgment, in suit No: 49/2010 which contained a specific order restraining the AGF from exercising his power of extradition under the Extradition Act, was not challenged, it remained alive along with the restraining order.

The judge also held that since the subsequent judgment by Justice Kolawole was also not appealed, it remained subsisting and binding on all parties. (NAN)

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