Justice Ibrahim Buba of a federal high court in Lagos has upheld the judgment of the court restraining any extradition process against a Nigerian senator, Buruji Kashamu, to the United States.
Mr. Kashamu, who represents Ogun East Senatorial District, is wanted by the United State government for drug related offences.
Justice Buba, who ruled over a contempt application filed by Mr. Kashamu against the Attorney General of the Federation and the Chairman of National Drug Law Enforcement Agency, Ahmadu Giade, held that the ruling of Justice Okon Abang “is still subsisting and must be complied with until set aside by a superior court”.
The judge, in his ruling, however, described the contempt application as an academic exercise and unnecessary since Justice Abang had previously ruled on a similar case.
Justice Buba warned the AGF and the NDLEA Chairman to be of good conduct and obey the subsisting order of court.
“There should be no overzealous conduct from either of the parties.
Government agencies must abide by the rule of law to avoid anarchy.
“They (AGF and NDLEA Chairman) should be of good behaviour until their appeal is determined.
“No matter how aggrieved, they should abide by the order of court until there is a counter order from a superior court.
“For the avoidance of doubt, orders of Justice Abang are still subsisting and must be complied with,” Justice Buba held.
In the committal application, Mr. Kashamu had asked the court to declare that both the AGF and NDLEA Chairman were in contempt of the court by reasons of steps taken, in obstruction of the administration of justice evidenced by the wilful violation of the judgment of the court of January 6, 2014, in suit number FHC/L/CS/49/2014 and in order to pre-empt the judgment of the court in suit number FHC/L/CS/508/2015.
He also asked the court to declare that the invasion, destruction of properties, harassment, humiliation, arrest, and his detention by NDLEA at the instance of AGF on Saturday, May 23, 2015, and any
extradition proceeding commenced thereupon undermined the integrity of the judicial process invoked in suit number FHC/L/CS/49/2010 and FHC/L/CS/508/2015.
Mr. Kashamu also sought an order nullifying every steps taken by both the AGF and NDLEA against him from May 23, 2015, including his arrest, detention, arraignment, proceeding whether for extradition or otherwise in pursuance of any request by the US government for his
extradition on the basis of allegations forming the subject of the judgment of the court in suit number FHC/L/CS/49/2010 and proceeding in suit number FHC/L/CS/508/2015.
Justice Abang had nullified the provisional warrant of arrest secured by the NDLEA against Mr. Kashamu before a Federal High Court in Abuja.
Justice Abang also declared that until the judgment of the court against extradition was appealed against and set aside by the Court of Appeal, no extradition proceedings could commence against Mr. Kashamu.