Tuesday, 9 February 2016

Court Bars NDLEA, AGF From Arresting or Detaining Kashamu

The Federal High Court, Abuja on Monday made an interim order restrain­ing the Attorney-General of the Federation (AGF), the National Drug Law Enforcement Agency (NDLEA) and its ex-Chairman, Ahmadu Giade from arresting or detaining Senator Buruji Kasha­mu.

Kashamu is wanted in the US over his alleged involvement in illegal importation of prohibited narcotics into the country.
The court, after listening to Kashamu’s lawyer, Ajibola Oluyede, who moved an ex-parte motion filed in the suit marked: FHC/ABJ/CS/479/2015, yester­day restrained the FG from ar­resting the senator.

Kashamu, former Director of Mobilisation, People’s Democrat­ic Party (PDP) is now represent­ing Ogun East senatorial district at the Senate.
Giade, who was former NDLEA Chairman, is now Spe­cial Adviser to the AGF on nar­cotics.
Kashamu, in the motion ex-parte, is seeking three prayers, which include an order of interim injunction, restraining the three (listed as alleged contemnors in the motion) from arresting, de­taining or applying for a warrant for his arrest in relation to his al­leged involvement in drug trade, pending the determination of the contempt proceedings he initiat­ed against them.

The motion was brought pursuant to Order 35 Rule 2(1) and 26 of the Federal High Court (Civil Procedure) Rules (2009) and Section (6)(6) of the Con­stitution.
While urging the court to grant his client’s prayers, as contained in the application, Oluyede argued that it was im­perative that the alleged contem­nors be restrained from arresting Kashamu in view of alleged at­tempt by the AGF, NDLEA and Giade to arrest him for the pur­pose of moving him to the US over his alleged involvement in illegal importation of prohibited narcotics into the country.

Oluyede argued that there was valid reason for the applica­tion because there was real threat to arrest his client.
It is Kashamu’s contention that despite earlier decision by the Federal High Court prohib­iting the Federal Government and its agents from extraditing him to the US in relation to the drug issue, and that British courts have exonerated him, they were still taking steps to arrest, detain and transport him to the US over the case.

The trial judge, Justice Gabri­el Kolawole will on Wednesday rule on whether or not to grant the prayers as contained in the motion ex-parte filed on Janu­ary 26 this year. They include:

*An order of interim injunc­tion restraining the alleged con­temnors and their agents from arresting, detaining, procuring or applying for any warrant for the arrest of the applicant for any purpose connected with the false allegation of unlawful importa­tion of prohibited narcotic sub­stances into the United States of America in respect of which the applicant has been exonerated by British court, including the pur­pose of transporting him to the US without recourse to due ex­tradition process as prescribed by Nigerian laws, until for commit­tal filed by the applicant is heard and determined.

*An order dispensing per­sonal service on the 1st alleged contemnor by serving the pro­cesses in this suit on the 1st al­leged contemnor in the office of the 3rd alleged contemnor, Fed­eral Ministry of Justice, Abuja.

*An order granting leave to the applicant to serve the pro­cesses in this suit on the 2nd alleged contemnor at 4, Shaw Road, Lagos outside the juris­diction of this court.

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