The Lagos Division of the Court of Appeal yesterday vacated the judgment of Justice Okon Abang of the Federal High Court which restrained security agencies in the country from arresting and commencing extradition proceedings against Senator, Buruji Kashamu.
In an unanimous decision on two consolidated judgments delivered by Hon Justice Yagarta Nimpar, the appellate court held that Justice Abang relied heavily on speculations and conjectures in arriving at his judgment which are not permitted in law.
Justice Abang had in 2015 in separate rulings nullified the provisional warrant of arrest obtained by the National Drug Law Enforcement Agency (NDLEA) against the Senator representing Ogun-East.
The judges had also restrained the NDLEA from arresting and arraigning Kashamu in furtherance of the extraditing him to the United States of America to face drug related offences.
But the upper court vacated the order which perpetually restrained the NDLEA and other Agencies of the Federal Government from arresting, restraining, detaining, attacking or otherwise effecting the abduction of Senator Buruji Kashamu upon charges based on allegations of drug trafficking leveled against him by the United States Government.
The Court also vacated the order of Justice Abang which set aside and nullified the warrant for the arrest of Senator Kashamu issued by another judge of Federal High Court to pave way for the commencement of extradition proceedings against the senator at the Federal High Court Abuja.
In the verdict, which was also supported by the other Justices on the three man panel, Justices Joseph Ikyegh and Anthony Ogakwu, the appeal court upheld the argument of counsel to the Attorney-General of the Federation, Chief Emeka Ngige (SAN) that Justice Abang was in error in granting some of the injunctive reliefs sought by Senator Kashamu upon inadmissible evidence.
The court held that the trial judge having struck out several paragraphs in the affidavit relating to allegations that General Olusegun Obasanjo was behind the travails of the senator and the alleged plans to forcibly abduct him to the United States to face drug charges, the same court was wrong to have retained other paragraphs of the same affidavit containing hearsay allegations against Dapo Abiodun and Chief Godwin Obla (SAN).
The Court further upbraided Justice Abang for not giving counsel from the Attorney General’s chambers the opportunity to file a counter affidavit in opposition to the case file presented by Prince Kashamu when under the rules they still had three days to react to the processes, adding that this infraction nullified the entire proceedings.
In conclusion the Court allowed the appeals, set aside the judgment and ruling delivered by Justice Abang on the 27th day of May and on the 8th day of June 2015 respectively.
It also set aside the consequential order by Justice Abang in which he nullified the warrant of arrest issued by Justice Saidu of Federal High Court Lagos for the arrest and commencement of extradition proceedings against Senator Kashamu at the Federal High Court Abuja.
Senator Kashamu, who represents Ogun East in the Red chamber of the National Assembly was represented in court by three Senior Advocates-Prince Lateef Fagbemi, Chief Akin Olujinmi and Alhaji Hakeem Afolabi.
Kashamu had alleged that no court order was obtained before the move to extradite him was executed.
The AGF while urging the appellant court to set aside the judgment of the two justices of the lower court on the ground of miscarriage of justice, contended that Kashamu suppressed facts before the lower court to secure the restraining order against his extradition.
The AGF further maintained that the two judges erred in law by issuing order in favour of the senator without evaluating the documentary evidence placed before them during the hearing.
