Nigeria’s Appeal Court has now cleared the coast for the federal government to extradite a serving Senator, Prince Buruji Kashamu to the United States of America (USA) to face trial in a drug related offence.
In a landmark judgement, the appeal court, Friday, voided and set aside all orders made by a federal high court between 2014 and 2017 restraining the government from proceeding with the extradition.
Justice Joseph Ikyeghi, delivering judgement in an appeal filed by the Attorney General of the Federation and Minister of Justice, held that the orders granted Kashamu by Justice Okon Abang were “invalid, nonsensical and unacceptable to laws” because they were based on hearsays and speculations by Senator Kashamu.
The unanimous judgment was prepared by Justice Ikyeghi and was delivered by Justice Yargala Nimpar.
The court held that the hearsay that a former President, Chief Olusegun Obasanjo was instigating the extradition was not established under any law.
The appeal court said that an affidavit deposed to by the senator on the issue was worthless and not in compliance with evidence act because the senator himself claimed that he was told by several persons who were not called to testify in court.
Justice Ikyeghi held that Justice Abang in his two judgments on the issue erred in law by playing undue reliance on affidavit that offended evidence act to give judgment against the Federal government.
Consequently, the order of injunction stopping the extraction process was voided and set aside.
Another order which terminated the extradition process in the second judgment of Justice Abang was also set aside, having been issued in error by the Federal high court.
Justice Ikyeghi agreed with counsel to the Federal Government Chief Emeka Ngige SAN that a statutory body like the National Drug Law Enforcement Agency (NDLEA) can only be prohibited from performing its statutory functions based on facts and not hearsays and speculations as in the instant case.
The Minister of Justice had in the appeal case argued by his counsel Chief Emeka Ngige SAN prayed the Court of Appeal to set aside the two Federal High Court Judgments obtained by Kashamu against his extradition by government and its security agencies.
The contention of government primarily was that the senator representing Ogun East in the Senate got the two judgments in the lower court from Justice Okon Abang on mere hearsay and speculation to frustrate his extradition as requested by the America government.
But Prince Lateef Fagbemi SAN, who led Kashamu’s legal team comprising Chief Akin Olujimi SAN, Hakeem Afolabi SAN and a retinue of lawyers urged the court to uphold the judgment of Abang on the ground that it was based on fact and not hearsays.
Fagbemi submitted that contrary to the Federal Government’s claim, the fear expressed by Kashamu on the plan to extradite him to America was based on facts deposed to by well-wishers of the Senator.
This case may not have seen its end at this level but it is good luck to Kashamu.