TheCable

A federal high court sitting in Ikoyi, Lagos, has granted the prayers of Senator-elect Buruji Kashamu for an order restraining his extradition to the United States by the National Drug Law Enforcement Agency (NDLEA).

The court also awarded cost of N10,000 against the agency for laying siege on Kashamu’s residence since Saturday.

After NDLEA men surrounded his residence on Saturday and refused to leave, Kashamu filed a suit against the inspector-general of police, NDLEA, state security service, attorney-general of the federation and minister of justice, Nigeria customs, Nigeria security and civil defence corps, and Nigeria immigration service, saying his fundamental human rights had been breached.

He sought and order restraining his arrest by any of the aforementioned security agencies. He also sought orders against Ex-president Olusegun Obasanjo, whom he said was bent on frustrating his inauguration as senator next month.

Judge Abang also dismissed NDLEA’s objection to the suit, and awarded N10,000 cost against the agency in favour of Kashamu. He said the objection was misconceived, and Kashamu was right to file the suit because the NDLEA, being a security agency, could be used to extradite him to the United States.

He said that although NDLEA and other security agencies “cannot be perpetually restrained from arresting the applicants”, they could be “restrained from unlawful arrest of the applicant without compliance to the provision of the extradition act”.

The court also dismissed the preliminary objections of the AGF, national security adviser and NSCDC, awarding another N10, 000‎ cost in favour of the complainant (Kashamu). The court said their objections lacked merit, as Kashamu was right to file the suit before the conclusion of the act he was complaining about.

Abang then barred NDLEA from arresting Kashamu until the emergence of “fresh facts” capable of warranting such action.