The Federal High Court, Abuja on Monday made an interim order restraining the Attorney-General of the Federation (AGF), the National Drug Law Enforcement Agency (NDLEA) and its ex-Chairman, Ahmadu Giade from arresting or detaining Senator Buruji Kashamu.
Kashamu is wanted in the US over his alleged involvement in illegal importation of prohibited narcotics into the country.
The court, after listening to Kashamu’s lawyer, Ajibola Oluyede, who moved an ex-parte motion filed in the suit marked: FHC/ABJ/CS/479/2015, yesterday restrained the FG from arresting the senator.
Kashamu, former Director of Mobilisation, People’s Democratic Party (PDP) is now representing Ogun East senatorial district at the Senate.
Giade, who was former NDLEA Chairman, is now Special Adviser to the AGF on narcotics.
Kashamu, in the motion ex-parte, is seeking three prayers, which include an order of interim injunction, restraining the three (listed as alleged contemnors in the motion) from arresting, detaining or applying for a warrant for his arrest in relation to his alleged involvement in drug trade, pending the determination of the contempt proceedings he initiated against them.
The motion was brought pursuant to Order 35 Rule 2(1) and 26 of the Federal High Court (Civil Procedure) Rules (2009) and Section (6)(6) of the Constitution.
While urging the court to grant his client’s prayers, as contained in the application, Oluyede argued that it was imperative that the alleged contemnors be restrained from arresting Kashamu in view of alleged attempt by the AGF, NDLEA and Giade to arrest him for the purpose of moving him to the US over his alleged involvement in illegal importation of prohibited narcotics into the country.
Oluyede argued that there was valid reason for the application because there was real threat to arrest his client.
It is Kashamu’s contention that despite earlier decision by the Federal High Court prohibiting the Federal Government and its agents from extraditing him to the US in relation to the drug issue, and that British courts have exonerated him, they were still taking steps to arrest, detain and transport him to the US over the case.
The trial judge, Justice Gabriel Kolawole will on Wednesday rule on whether or not to grant the prayers as contained in the motion ex-parte filed on January 26 this year. They include:
*An order of interim injunction restraining the alleged contemnors and their agents from arresting, detaining, procuring or applying for any warrant for the arrest of the applicant for any purpose connected with the false allegation of unlawful importation of prohibited narcotic substances into the United States of America in respect of which the applicant has been exonerated by British court, including the purpose of transporting him to the US without recourse to due extradition process as prescribed by Nigerian laws, until for committal filed by the applicant is heard and determined.
*An order dispensing personal service on the 1st alleged contemnor by serving the processes in this suit on the 1st alleged contemnor in the office of the 3rd alleged contemnor, Federal Ministry of Justice, Abuja.
*An order granting leave to the applicant to serve the processes in this suit on the 2nd alleged contemnor at 4, Shaw Road, Lagos outside the jurisdiction of this court.