Appeal Court slates Nov 7 to hear FG, Kashamu’s extradition suit

Hearing in the appeal filed by the Federal Government at the Court of Appeal to challenge the respite granted a serving senator; Buruji Kashamu in the bid to extradite him to the United States of America (USA) has been fixed for November 17, 2017.

The appeal was filed by the Office of the Attorney General of the Federation (AGF) and Minister of Justice to challenge the decision of the Federal High Court which put the extradition bid on hold on the ground that due process of law was not followed by the parties involved.

A Federal High Court judge, Justice Ibrahim Buba had stopped the federal government and the National Drug Law Enforcement Agency (NDLEA) from executing extradition warrant against Kashamu on the reasons that the Extradition Act, 2004 was not complied with.

The federal government through the office of the AGF promptly filed an appeal against the lower court decision, claiming miscarriage of justice and misrepresentation of facts in the matter.

However, the Court of Appeal in the bid to resolve all the issues raised by the federal government against the decision of the lower court fixed November 17 for the parties to present their cases for adjudication.

The AGF office filed the 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.

Senator Kashamu had sought court order to stop the alleged plan by government to forcefully abduct him and ferry him to America against subsisting court orders.

Justice Gabriel Kolawole had struck out the motions following their withdrawal by Chief Akin Olujimi (SAN) on behalf of the Senator representing Osun East Senatorial district in the Senate.

Olujimi said 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”, he said.

The AGF in the appeal is praying the appellate court to set aside the judgment of justice Buba on the ground of miscarriage of justice, contending that Kashamu suppressed facts before the lower court to secure the restraining order against his extradition.

The Federal Government is planning to extradite Kashamu to the USA to answer criminal charges on his alleged involvement and indictment in hard drugs offences.

The American Government had approached the Nigerian Government to extradite the Senator but the Senator through his counsel 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.

A Federal high court had in a ruling by Justice Ibrahim Buba put the extradition on hold pending the time the government will follow the due process of law.