Clerk’s error stalls hearing of Kashamu’s extradition case

The failure of the Registrar of a Federal High Court in Abuja to list the extradition suit filed by Senator Buruji Kashamu (representing Ogun East) stalled the hearing of the suit on Friday.

Buruji, in the fundamental rights enforcement suit he filed late last year, seeks to among others; restrain the Inspector General of Police (IGP), the Director General of the State Security Services (who are listed as 1st and 2nd respondents) from arresting him and transporting him to the United States in relation to his alleged involvement in drugs trade.

He named a House of Representatives member, Oladipupo Adebutu (representing Ikenne, Sagamu and Remo North Federal Constituency in Ogun State) as 3rd defendant in the case on the ground that he had instigated the security agencies against him via a petition alleging threat to life.

Parties in the case were in December 2016 notified that the case would be heard on January 20 before Justice Nnamdi Dimgba.

But, when lawyers turned up for the case on Friday, they discovered that it was not listed for the day. They were, however, asked to return today to choose a convenient date.

Also on Friday, Justice Dimgba directed the service of court documents on Kashamu, one of his aides, Onamusi Onadeko and the IGP in relation to a fresh case brought against them by a lawyer, Babatunde Olokun.

When the case was called on Friday, plaintiff’s lawyer, Stanley Iji told the court that the case was coming up for the first time and that the respondents were not yet served with court documents, a development that informed the judge’s directive.

He adjourned to February 8, 2017 for report of service and hearing.

Olokun, in the fundamental rights suit, alleged among others, that Kashamu and Onadeko have on several occasions, threatened his life following a disagreement over a business transaction in relation to the 2016 Hajj pilgrimage.

In the suit with No FHC/ABJ/C5/787/2016, Olokun claimed that Kashamu and his aide (listed as 1st and 2nd respondents) have persistently put his life under threat with incessant phone calls and text messages. He listed the IGP as the 3rd respondent.

He prays the court for among others, a declaration that the continuous murderous threats via phone calls and his harassment by the senator and his aide was unconstitutional and a violation of his right to life as guaranteed under section 33 of the 1999 constitution.

He also seeks a declaration that it is unlawful for the Senator and his aide to use the officers of the Inspector General of Police (IGP) to arrest detain, harass or otherwise interfere with his personal liberty without any lawful cause.

Olokun, who claimed to be Managing Director of Design Travel and Tours Limited, a company based in Abuja, stated in a supporting affidavit, that on July 13, 2016, Senator Kashamu through his organisation – Omo Ilu Foundation – entered into a Memorandum of Understanding (MoU) with him for the sponsorship of 14 pilgrims to the 2016 hajj.

Plaintiff further claimed that at a point, Senator Kashamu sought to repudiate the contract with him and that he (the Senator) also requested for the refund of N14m after the contract had been substantially executed.

He claimed the Senator caused his arrest, intimidation, harassment and detention by police at the Maitama area command in Abuja.

The deponent maintained that the transaction between him and the first defendant was purely civil and that the money paid for the transaction had been substantially utilized for the purpose contained in the agreement.

The lawyer further averred that in spite of the transparency in the transaction, the Senator and his aide have continued to maliciously put his life under consistent threats.

He urged the court to grant his application in the interest of justice and his affidavit evidence having been made in good faith and in accordance with the oath act 2004.

Plaintiff therefore urged the court to declare that the continuous murder threat to his life by the 1st and 2nd defendants is un-constitutional and a violation of his right to life as guaranteed under section 33 of the 1999 constitution.

He also demanded for compensation of N10m jointly and severally as damages for his unlawful arrest unwarranted continuous threats, harassment and infringement on his fundamental right.