Extradition: AGF, Kashamu shift legal battle to Appeal Court
Andrew Orolua, Abuja.
The Federal Government has approached the Court of Appeal, asking it to set aside the judgment of the Federal High Court in Lagos that is preventing it from extraditing Senator Buruji Kashamu to the United States to face criminal trial .
Senator Kashamu’s lawyer, Chief Akin Olujimi (SAN), disclosed this yesterday, saying that the suit filed at the Federal High Court in Abuja before Justice Gabriel Kolawole has been withdrawn.
Therefore, the legal battle over federal government plan to extradite his client for alleged offences has shifted to the Court of Appeal.
The office of the Attorney General of the Federation and Minister of Justice has filed an appeal on behalf of the Federal Government against the Judgment of Justice Ibrahim Buba of the Federal High Court which put the planned extradition on hold through a restraining order.
Chief Olujimi (SAN) said the appeal accounted for the withdrawal of all motions filed at the Federal High Court in Abuja by Senator Kashamu in which he sought court order to stop the alleged plan by government to forcefully abduct him and ferry him to the US against subsisting court orders.
Justice Gabriel Kolawole had struck out the motions following their withdrawal by Chief Akin Olujimi (SAN) on behalf of Senator Kashamu (PDP, Ogun East).
Olujimi, a former Attorney General of the Federation and Minister of Justice said that he withdrew the motions following affidavit filed at the court in Abuja by the Federal government and the National Drug Law Enforcement Agency (NDLEA) that they will not extradite the senator until all the court cases are disposed of by courts.
“I believe the next appropriate step to take in the circumstances and in view of the assurance that my client will not be extradited is to go back to the Court of Appeal to continue with the appeal filed by the appellant”.
“So, we are back at the Court of Appeal instead of dissipating energies at the Federal High Court, Abuja on motions.”
The AGF in the appeal is praying the appellate court to set aside the judgment of Justice Buba on the grounds of miscarriage of justice.
The AGF is contending that Kashamu suppressed facts before the lower court to secure the restraining order against his extradition.
The office of the AGF said Chief Emeka Ngige (SAN) will lead the Federal Government legal team in the Appeal Court along with other senior lawyers from the Federal Ministry of Justice.
Three prominent lawyers, Chief Akin Olujimi (SAN), Prince Lateef Fagbemi (SAN) and Dr. Alex Izinyon (SAN) have already been lined up by Senator Kashamu to defend him in the appeal suit.
The Federal Government is planning to extradite Kashamu to the US to answer criminal charges on his alleged involvement and indictment in hard drugs offences.
The US Government had approached the Nigerian Government to extradite the Senator but the Senator through his lawyer rushed to the Federal High Court with complaints that due process of law was not followed in the extradition process.
He specially alleged that no court order was obtained before the move to extradite him was being executed.
Justice Ibrahim Buba had put the extradition on hold pending the time the government will follow the due process of law.
The Court of Appeal is yet to fix a date for the appeal.
