FG appeals orders on Kashamu’s arrest, extradition

The Federal Government has appealed against court orders made by Justice Ibrahim Buba and Justice Okon
Abang of the Federal High Court in Lagos barring security agencies from arresting or extraditing Senator Buruji Kashamu over drug charges to the United States.
Justice Buba had on June 8 barred the National Drug Law Enforcement Agency (NDLEA) from extraditing Kashamu.
The judge ordered that the respondents shall not in the face of the court’s subsisting judgments/orders and pending suit enforce the May 25 warrant of arrest or arraign Kashamu based on the extradition process filed on May 28.
He said it was “so as not to get conflicting orders whilst cases are pending and judgments/orders subsisting, including committal proceedings.”
But in the appeal filed on behalf of the Attorney-General of the Federation by Chief Emeka Ngige (SAN), the appellant said Justice Buba ought to have dismissed Kashamu’s suit as abuse of court process.
It said the court has no supervisory jurisdiction over another Federal High Court of coordinate jurisdiction hearing extradition proceedings duly commenced before it.
 Besides, it said the court cannot fetter the hands of security or prosecuting agencies in the lawful discharge of their functions.
According to the AGF, Justice Buba’s order was made without jurisdiction and seeks to shield a fugitive from facing a duly initiated extradition.
The appellant added that the trial judge erred in law in making the order without hearing from the AGF, thereby breaching his right to fair hearing.