Court Orders NDLEA Operatives To Vacate Kashamu’s Residence

Court Orders NDLEA Operatives To Vacate Kashamu’s Residence 

Temporary reprieve came the way of embattled Ogun State Senator-elect, Buruji Kashamu as a Federal High Court in Lagos yesterday ordered operatives of the National Drug Law Enforcement Agency (NDLEA) to vacate his Lagos residence.

Justice Ibrahim Buba, who gave the order while ruling on a committal application filed by Kashamu's counsel, Ajibola Oluyede, also directed the men of the Nigerian police to ensure that NDLEA operatives vacate Kashamu’s residence immediately “without a free for all.”

It will be recalled that the NDLEA had, on Saturday, placed Kashamu on house arrest pending his scheduled appearance in court on Monday.

But contrary to expectation, the NDLEA could not produce Kashamu in court on Monday as the PDP chieftain reportedly refused to yield to attempt to take him to court.

The PDP chieftain,  according to the Agency, had insisted that the NDLEA Must Produce a warrant of arrest in line with the extradition treaty before he can be taken to court.

Also on Monday Kashamu has filed a contempt proceedings against the Attorney General of the Federation and the Chairman of the NDLEA before Justice Buba alleging that they disobeyed an order of another judge of the court, Justice Okon Abang, directing all parties before him to maintained status quo pending the final determination of the suit.

Justice Abang gave the order in a fundamental rights enforcement suit filed by Kashamu though another of his lawyers, Alex Iziyon (SAN) to challenge his proposed extradition to the United States of America for an alleged drug-related offences.

Respondents in the suit are: Chairman, Nigerian Drug Laws Enforcement Agency(NDLEA) Chairman, Economic and Financial Crimes Commission(EFCC), Director General, Department of State Security(DSS) The Interpol National Central Bureau(NCB) and Attorney-General of the Federation, AGF.

Others are; The Clerk of the National Assembly, The National Security Adviser to the President of the Federal Republic of Nigeria, Independent Corrupt Practices and other Related Offences Commission(ICPC), Nigeria Custom Services, the Nigeria Immigration Service(NIS) and Nigeria Security and Civil Defence Corps.

When the committal proceedings resumed before Justice Buba on Tuesday, Iziyon (SAN) while responding to application for an adjournment of the matter by a lawyer from the Attorney General's office, Mrs. A. C. Akwiwu, urged the court to direct the NDLEA officers to vacate his client's house.

The lawyer submitted that the action of the agency is against the order of Justice Abang and that judgement in the matter has been fixed for the 27th of May (today).

Iziyon further urged the court for order that any warrant or application by anyone should be brought to the court and that the court should also direct other law enforcement agencies to ensure that any order made by the court are obeyed since the NDLEA officers who laying siege to Kashamu's residence are armed.

Lawyer representing the AGF, Akwiwu, had asked for an adjournment of the matter on the ground that the case is quasi - criminal in nature and that all the orders being sought by the applicant should await the response of the AGF to the processes filed.

"We are here out of respect for the court. We seek to regularise our appearance before the court. We shall be seeking for a further date to enable us react to the processes filed by the applicant ", she said.

After, listening to the arguments of both parties, Justice Buba, in a bench ruling described the case as a unique one, in the sense that the applicant has been in and out of the court.

While making reference to the sister case before his brother Judge, Okon Abang, he held that parties in the matter were bound by the order of the court which directed that status quo should be maintained pending the determination of the suit.

According to Justice Buba, the order of Justice Abang, whether right or wrong is binding on parties and must be obeyed. The position of the law is clear, that is, any person against whom an order is made is bound to obey it or go on appeal.

The court also held that even though it will be in the interest of justice to grant the AGF's application for adjournment, justice will be better served in the case if the oral application made by Kashamu's lawyer is granted.

"The men of the NDLEA are hereby ordered to vacate the residence of the applicant in line with the order of Justice Abang ", the judge ruled.

Justice Buba also directed that the Nigerian Police Force (NPF)  must be notified of the pending contempt proceedings before the court and that the order must be published by the applicant in a national daily.

The court thereafter adjourn the matter till June 4, for the hearing of the contempt proceedings.