The proposed hearing of a suit filed by the Senator representing Ogun East at the on National Assembly, Kashamu Buruji, seeking to restrain security agencies from extraditing him to United State of America (USA) to face an alleged drug charges was stalled at the Federal High Court, Lagos, on Tuesday due to improper service by Kashamu’s lawyer on other parties involved in the suit.
Tribune Online recalls that Kashamu in the suit marked FHC/L/CS/930/18, has asked a Federal High Court, Lagos, to restrain the Inspector-General of Police (IGP), the Lagos State Commissioner of Police, Department of State Security (DSS), National Drug Laws Enforcement Agency (NDLEA) and Attorney-General of the Federation (AGF) before Justice Chukwujekwu Aneke, seeking an order of perpetual injunction restraining all the respondents from arresting or detaining him in any matter whatsoever.
Kashamu in the suit claimed that the act of the respondents Is interfering with his personal liberty and freedom of movement.
However, one of the respondents, NDLEA in its preliminary objection filed before the court by its Legal Officers, J. N. Sunday and Ichakpa Oigoga, had urged the court to dismiss Kashamu’s suit for being incompetent, as it failed to disclose any infringement of his right. And for being an abuse of court processes.
NDLEA in an affidavit in support of the preliminary objection deposed to by one of its litigation/exhibit officers, Kareem Olayinka, stated that the authorities of the USA are currently seeking to have Kashamu extradited to their country to answer charges relating to the trafficking in heroin. And that the USA government had made the request sometimes in May 2015.
The deponent also stated that since the applicant got wind of the extradition request he has filed multiplicity of lawsuits relating to the issue.
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Among the suits filed by the include: suit numbers FHC/L/CS/508/14, FHC/L/CS 508/2015, FHC/L/CS/763/2015 and FHC/L/CS/479/2015, before Justice O. E. Abang, Justice Nasir Ibrahim Buba and Justice G. O. Kolawole.
At the resumed hearing of the matter on Tuesday, while counsel to all parties informed the court of their readiness to proceed with the hearing of the suit, the DSS lawyer, M. O. Bajela, informed the court that Kashamu’s lawyers have complied with the court’s directive that ordered them to serve the hearing notice on all parties.
Bajela informed the court that the AGF who is vital to the suit was not represented.
However, upon perusal of the court’s files, it was discovered that the hearing notice which was meant for AGF was served on DSS which Bajela signed for.
The situation which Kashamu’s lawyer, Mobolaji Akintunde described as unfortunate.
“I am so surprised that the court’s bailiff copied out wrong address. It’s quite unfortunate,” Akintunde said.
Consequently, Kashamu’s lawyer, pleaded the court for adjournment, to enable them properly serve the AGF.
Justice Aneke consequently ordered that the hearing notice be issued and served on AGF, while adjourned the matter till March 8, for the hearing of Kashamu’s motion on notice and NDLEA’s preliminary objection.
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