The National Drug Law Enforcement Agency (NDLEA) has filed a motion on notice pursuant to order 26 rules 2(1), order 32 rule 1 and 4 (1) of the federal 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 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.
In addition, the Agency wants a stay of further proceedings relating to the contempt charge against the Applicant/2nd Respondent as same has not been served and further order(s) as the Honourable Court may deem fit to make in the circumstance.
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.
The Applicant/2nd Respondent was never served any processes in the suit leading to the ruling directing it to vacate the premises of the Respondent/Apllicant.
The cause of action in which a status quo was ordered by the Honourable Justices Abang and I. N. Buba is different from the ongoing activities in connection with the extradition processes under the Extradition Act Cap E25LFN 2004 as amended. The Applicant/2nd Respondent was never a party to suit No. FHC/L/CS/508/2015 then pending before His Lordship Honourable Justice O. E Abang as was therefore not the subject of any previous Order of the said Justice O. E. Abang.
The Order of Honourable Justice I. N. Buba was procured based on facts misrepresented by the Respondent/Applicant before the Honourable Court
At the resumed hearing of the case on the 4th of June 2015, His Lordship, Honourable Justice I. N. Buba stated that in the light of the application of the NDLEA, it was not proper to take further steps on the matter until all pending motions had been heard and determined. Consequently, Justice Buba declined to grant the oral applications of Mr. Kashamu’s attorneys for an order to quash the Extradition process filed and the Provisional Warrant of Arrest earlier issued against Mr. Kashamu as well as an order directing the Inspector General of Police to grant him police protection and facilitate his swearing in as a Senator. Justice Buba however, directed that the parties maintain the status quo.
Meanwhile, the media shall be communicated as soon as the court takes a date on the Extradition application filed by the Attorney General before Justice Gabriel Kolawole of Court 5, Federal High Court Abuja.
Head, Public Affairs
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