The National Drug Law Enforcement Agency, NDLEA, Thursday made moves to set aside the ruling of a Federal High court restraining it from arresting the Ogun East Senator-elect, Buruji Kashamu describing the facts presented to the court in its absence as erroneous.
The agency, in a statement by its head of Public Affairs, Mitchell Ofoyeju disclosed that it had filed a motion on notice pursuant to order 26 rules 2(1), order 32 rule 1 and 4 (1) of the Fderal High Court civil procedure rules 2009, section 36 of the constitution of Federal Republic of Nigeria, 1999 as amended and under the inherent jurisdiction of the court.
The statement read in part: “The agency is seeking an order setting aside the Ruling and or Order(s) of this court delivered by Honourable Justice I. N. Buba on the 26th day of May 2015 having been made on erroneous facts in the absence of the Applicant/2nd Respondent. NDLEA is also seeking an order striking out the originating processes being incompetent as it relates to the 2nd Respondent.
“The grounds of the application are that there is a valid request for Extradition of the Respondent/Applicant to the United States of America to face trial over conspiracy and unlawful importation of heroin into the United States of America.
There is a valid and subsisting Provisional Warrant of Arrest for the arrest of the Respondent/Applicant. The suit in which the Court was moved to make an Order directing the Applicant/2nd Respondent to withdraw from the residence of the Respondent/Applicant was heard in contravention of the right of the Applicant/2nd Respondent to be heard in in the matter as it was never given the opportunity to defend himself.”
Meanwhile, a Federal High Court sitting in Lagos, has adjourned to June 19, to hear the contempt proceedings initiated against the Attorney General of the Federation, AGF and NDLEA Chairman, Ahmadu Glade, by Prince Kashamu.
Trial judge, Justice Ibrahim Buba, who refused to make additional orders as requested by Kashamu’s lawyer, yesterday, after being told of a fresh purported extradition request served on Kashamu, noted that nothing should be done by parties to undermine the processes before the court.
The hearing of the application was stalled, yesterday due to claim by NDLEA lawyer, A. M. Sunday insistence that the agency was never served with the suit’s originating processes, as it was only the court’s order May 26, 2015, that was served on the NDLEA.
The judge had then ordered the NDLEA operatives to vacate Kashamu’s residence. The court 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.
However, Justice Buba, in a bench ruling refused to make additional orders as was requested by Kashamu’s lawyer but ordered that nothing should be done by parties to undermine the processes before the court.
He said the court will adjourn the matter to allow all parties to be served with the necessary court’s processes.
“The matter before the court is that of committal and challenge to jurisdiction. I shall adjourn for the hearing of the applications on its merits,” the judge added