Admin l Friday, May 24, 2019
IKOYI, Lagos, Nigeria – Justice Chukwujekwu Joseph Aneke of the Federal High Court Ikoyi, Lagos has fixed June 6, for the hearing of an application filed by Mr. Buruji Kashamu, the senator representing Ogun East Senatorial district, Ogun State, at the National Assembly.
The senator had filed the suit to stop his extradition to the United States, where he is wanted for alleged drug trafficking.
The major respondent in the suit are Inspector-General of Police (IGP), Lagos State Commissioner of Police, Department of State Security (DSS) and Attorney-General of the Federation (AGF). During the hearing on Thursday, Kashamu’s lawyer, Mrs. Ifeoma Esom, informed the court of her motion to reopen hearing of the suit.
She told the court that her client’s motion to reopen the matter was based on the discovery of new facts which would assist the court in doing justice to the matter. Responding, Mr. J .N Sunday, NDLEA’s director of Legal, admitted service of the application and told the court that he had already filed his response to it.
Sunday called attention of the court to the fact that the presence of the Attorney-General of the Federation (AGF) office is very important in the hearing of the application and that he doubts if the AGF was served with notice of hearing. Based on Sunday’s submission and the agreement of parties adjourned the matter till 6th June, 2019 for hearing of the application.
Kashamu is praying the court to reopen hearing in a matter already concluded. Esom said the application is predicted on the recent discovery of the Extradition (Amendment) Act 2018 which came to effect on the November 6, 2018 and which would be relevant to do substantial justice to the matter.
According to Esom, the Extradition (Amendment) Act 2018 provides ” 6A. Where a claim of mistaking identity is raised by a person who is a defendant in an extradiction case and no evidence is led by the plaintiff or the requesting country To satisfactorily rebut the claim of mistaken identity as raided by the defendant , the court shall dismiss the application for extradition order and accordingly order the defendant discharged”.
However, NDLEA in its counter-affidavit to Kashamu’s motion, said the applicant has never been exonerated of complicity of any crime by any court in Nigeria, the US or the UK. Adding that both the British and Nigeria court never exonerate the applicant of any charge.
