Court adjourns Kashamu’s extradition suit to June 27
By Andrew Orolua, Abuja
Embattled Senator Buruji Kashamu who in the last five years has engaged in a legal battle to stop his extradition to the United States to face charges for alleged drug smuggling has again approached the Federal High Court in a fresh suit to prevent his extradition.
Justice Okon Abang of the Federal High Court, Abuja, on Thursday adjourned the hearing of the suit to June 27.
This followed the absence of the attorney general of the federation or his legal representation in court when the matter came up for hearing on Thursday.
The suit is one of the three new cases instituted by the embattled former senator who is praying for an order to prohibit the federal government from giving effect to the extradition request of the American government.
When the matter came up on Thursday, counsel to Kashamu, John Olusola Odubela (SAN) informed the court that the matter which bothers on fundamental human rights of the senator was for hearing and that he was surprised that there was no representative of the attorney general in court.
However counsel to the National Drug law Enforcement Agency (NDLEA), Puis Gande told the court that the case was transferred from Justice Ahmed Mohammed and that the attorney general was not notified of the transfer and was not issued with the hearing notice.
Gande argued that the issue of hearing notice is fundamental and that the court should endeavour to indulge the attorney general to be served with the hearing notice to enable his presence or legal representation in court.
He specifically, said that the principle of fair hearing would be breached if the court should go ahead to hear the matter in the absence of the attorney general who is listed as the first respondent in the suit.
Furthermore, Gande submitted that he became aware of the transfer of the case to Justice Abang during one of his visits to the court, adding that his presence was out of respect for the court and not that he was issued with the hearing notice as required by law.
“The issue of hearing notice is fundamental and must not be toyed with. We want this matter to expeditiously hear the matter on its merit so that we can arrive at a just conclusion and as it is now, it is in the best interest of justice that the attorney general be allowed to come in through the issuance of hearing notice and if he fails, the matter can go on in his absence,” he added.
In his ruling Justice Abang agreed with Gande that hearing notice is a fundamental issue as it bothers on fair hearing. Consequently, he adjourned the matter till June 27 for hearing.
The judge further said that no court of law will proceed with any matter until all the parties have being duly served with the hearing notice, adding that any court that proceeds without hearing notice to parties is embarking on a nullity
”It is clear that the attorney general is not served with the hearing notice and this condition cannot be waived by any party because its absence will render proceedings a nullity,” the judge declared.
Kashamu had sued the attorney general of the federation and the NDLEA, alleging breaches of his fundamental rights, which he is praying the court to enforce by stopping the two respondents from extraditing him to America to face trial for drug peddling.
