Justice Ibrahim Buba of the Federal High Court in Lagos on Tuesday ordered officials of the National Drug Law Enforcement Agency (NDLEA) to stop the siege on the residence of the senator-elect of Ogun East Senatorial District, Mr. Buruji Kashamu, since last Saturday and to vacate the place immediately, Thisday reports.
The order was sequel to an oral application by Kashamu’s lawyer, Alex Iziyon (SAN).
Iziyon had while responding to a call for an adjournment of the matter by a lawyer from the Office of the Attorney General of the Federation (AGF), A.C Akwiwu, urged the court to direct the NDLEA officers to vacate his client’s house.
He argued that the action of the agency was against the order of Justice Okon Abang of the Federal High Court in Lagos, in a fundamental rights enforcement suit filed by his client against his extradition.
Respondents in the suit are: Chairman of the NDLEA Chairman, Economic and Financial Crimes Commission (EFCC), Director General, Department of State Security (DSS), the Interpol National Central Bureau (NCB) and AGF.
Others are the Clerk of the National Assembly, the National Security Adviser to the President, Independent Corrupt Practices and Other Related Offences Commission (ICPC), Nigeria Custom Services, Nigeria Immigration Service (NIS) and Nigeria Security and Civil Defence Corps (NSCDC).
In the suit, Justice Abang had directed that the status quo be maintained, pending the final determination of the suit.
Judgment in the matter has been fixed for today.
Iziyon also sought for an order of the court 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 laying siege at Kashamu’s residence are armed.
Akwiwu, representing the AGF, had sought for an adjournment of the matter on the grounds that the case was quasi-criminal in nature.
According to her, all the orders being sought by the applicant should await the response of the AGF to the processes filed.
“We are here out of the 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.
The judge while making reference to the case before Justice Abang, disclosed that the 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 rightly or wrongly, must be binding on parties and must be obeyed. The position clearly is that the person against whom the order is made, is bound to obey it or go on appeal.”
Justice Buba added that even though it will be in the interest of justice to grant the AGF’s application for the adjournment, justice will be done on 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 said.
Justice Buba also directed that the Nigerian Police Force (NPF) must be notified of the pending contempt proceedings before court and that the order must be published by the applicant in a national daily.
He adjourned the matter till June 4 for the hearing of the contempt proceedings against the AGF and the chairman of NDLEA on its merit.
The court had earlier summoned the duo to appear before it for contempt.
They were accused of disobeying the order of Justice Abang that nothing should be done contrary to the fundamental human rights enforcement suit filed by Kashamu, pending the final determination of the suit.
But reacting to the vacation order, the NDLEA yesterday described as diversionary and inconsequential reports of a court order directing its men to vacate Kashamu’s residence and the request that both Adoke and Giade should appear in court.
NDLEA said it did not believe that any court would issue an order preventing a government agency from performing its statutory responsibilities in a lawful manner.
In statement signed by its Head of Media and Public Affairs, Mitchell Ofoyeju, the agency said it would refuse to be distracted and would continue to maintain presence at the residence.
It advised Kashamu to respect the law by submitting himself to due process of the law.
“The NDLEA wishes to reiterate that his rights like that of other citizens shall be respected and due process of the law was followed in this case. The agency is prepared to further increase her public rating and goodwill in the areas of suspect handling, respect for human rights, and the rule of law.
“We are prepared to explore all legal means in handling this case to a logical conclusion. The Nigerian government has received a formal request from the United States government for the extradition of Kashamu.
“It also has a provisional warrant of arrest on him contrary to claims by his attorneys.”
However, Kashamu has said he was shocked by the statement issued by the NDLEA, saying it will not obey the court order.
A statement signed by his media assistant, Austin Oniyokor, the embattled politician said it was ludicrous that the NDLEA had chosen to further sink not just the agency but the federal government and Nigeria into the abyss of lawlessness.
The statement said: “By its conduct, the agency has not just proven once again that it is a lawless, it has shown that it has no regards for the judiciary but also holds it in utter contempt.
“We urge all well meaning Nigerians, civil society organisations and the international community to help prevail on the NDLEA to desist from its strings of illegalities and stop embarrassing the country among the comity of nations.
“If the NDLEA claims to have got an extradition request, it should be taken to the court of law and the issues properly addressed, not this gestapo style that it has resorted to as if we are in a banana republic.”
