Court Refuses Kashamu`s Application To Stop Extradition, Says Dss, Police Should Show Cause
SAN FRANCISCO, August 30, (THEWILL) – A Federal High Court in Abuja, on Tuesday , has refused to grant an order sought by Senator Buruji Kashamu to restrain the Department of State Services (DSS) and the Nigeria Police (NPF) from arresting and extraditing to the United States to face to face drug-related charges.
Kashamu, Senator Representing Ogun East, had through his lawyer, Godswill Mrakpor, filed a fundamental rights enforcement suit and accompanied it with a motion ex-parte for an injunction seeking to restrain the respondents from taking steps to arrest him pending the determination of the substantive suit.
He stated that the security agencies were acting based on a “politically motivated petition” authored by one Oladikupo Adebutu from Ogun State arguing that the move to arrest and extradite him was contrary to orders earlier made by the Lagos division of the Federal High Court in two suits marked: FHC/ L/CS/49/2010 and FHC/L/CS/508/2015 which he had filed on the same issue.
Instead, the Judge, Justice Okon Abang, who refused to grant the injunction, directed the applicant to file and serve the motion on notice on the Director-General of the DSS, the Inspector-General of Police and Adebutu inviting them to show why Kashamu's prayers should not be granted.
“It is my view that the court should give the respondents opportunity to show cause why restraining order should not be granted against them,” Justice Abang declared.
“The court shall give them time to respond, I want to hear from the respondents.”
Abang also refused another prayer seeking to serve the respondents through a substituted means saying said the applicant did not show any material before the court to prove that he made any effort to serve the respondents and struck out the first and second reliefs sought by the applicant.
Abang adjourned hearing in the suit till September 8 to enable the applicant to serve all the respondents with motion on notice.
Story by David Oputah