Assassination allegation: Court orders Sen Kashamu to submit self for Police investigation
The Federal High Court, Abuja on Thursday ordered Senator Buruji Kashamu, to submit himself to police authorities for investigation.
Justice Nnamdi Dimgba gave the order while delivering judgement on a suit filed by the Senator Kashamu over following an alleged assassination attempt on a House of Representatives member, Oladipupo Adebutu.
The court refused grant Kashamu prayer to stop the Police, the first respondent in the matter, from investigating him Senator Kashamu on the alleged crime.
Justice Dimgba held that the Police, under the 1999 Constitution and the Police Act, have statutory powers to invite any Nigerian for interrogation on any criminal allegation.
The judge ruled that the lawmaker has failed to place sufficient materials before the court upon which an order of perpetual injunction could be issued against the Police on his invitation.
Justice Dimgba pointed out that the fear expressed by the Kashamu that the Police want to use the petition as a ploy to extradite him to the United States of America to face drug-related charges was unfounded and has no foundation.
According to him, the Police has the power to interrogate anyone based on any suspicion and any attempt to curtail the power of Police is unlawful. The court further held that the petition dated August 16, 2016, written by the House of Representatives’ member, alleging that the Senator attempted to assassinate him in Port Harcourt, has nothing to do with the alleged drug case in the United States of America.
The court further held that whatever might have been his experience in the past in relation to his extradition, should not becloud the statutory function of the Police to investigate an assassination attempt.
“I do not see how the Police can be faulted by its action on this matter. I do not believe that the allegations of a ploy to extradite the applicant to the United States of America is justified here.”
“The Police is bound to set up an investigating panel and the plaintiff is bound to submit himself to the organs of the Police, including honouring the letter of invitation for investigation”, the judge stated.
The court however , ruled that the apprehension expressed by the plaintiff that he could be arrested, detained and extradited to the US was understandable, considering petitioner’s position in the affidavit that since 2010, Kashamu has been running from one court to another, seeking a declaration that he is not the one being sought for drug charge in the United States.
Justice Dimgba also ruled that even though he has ordered the Senator to submit himself to the Police for investigation, previous judgment of the Federal High Court Lagos Division that the Police should not arrest, detain or extradite the Senator to the United States still stand.
He maintained that it would be unlawful for any other agency to assist the Police in repatriating him to the US in view of the subsisting court judgment.
