Davidson Iriekpen 

Justice Ibrahim Buba of the Federal High Court in Lagos on Tuesday
ordered officials of the National Drug Law Enforcement Agency
(NDLEA) to stop the siege on the residence of the senator-elect of
Ogun East Senatorial District, Mr. Buruji Kashamu, since last
Saturday and to vacate the place immediately.
The order was sequel to an oral application by Kashamu's lawyer,
Alex Iziyon (SAN).
Iziyon had while responding to a call for an adjournment of the
matter by a lawyer from the Office of the Attorney General of the
Federation (AGF), A.C Akwiwu, urged the court to direct the NDLEA
officers to vacate his client's house.
He argued that the action of the agency was against the order of
Justice Okon Abang of the Federal High Court in Lagos, in a
fundamental rights enforcement suit filed by his client against his
extradition.
Respondents in the suit are: Chairman of the NDLEA Chairman,
Economic and Financial Crimes Commission (EFCC), Director
General, Department of State Security (DSS), the Interpol National
Central Bureau (NCB) and AGF.
Others are the Clerk of the National Assembly, the National Security
Adviser to the President, Independent Corrupt Practices and Other
Related Offences Commission (ICPC), Nigeria Custom Services,
Nigeria Immigration Service (NIS) and Nigeria Security and Civil
Defence Corps (NSCDC).
In the suit, Justice Abang had directed that the status quo be
maintained, pending the final determination of the suit.
Judgment in the matter has been fixed for today.
Iziyon also sought for an order of the court that any warrant or
application by anyone should be brought to the court and that the
court should also direct other law enforcement agencies to ensure
that any order made by the court are obeyed since the NDLEA
officers laying siege at Kashamu's residence are armed.
Akwiwu, representing the AGF, had sought for an adjournment of
the matter on the grounds that the case was quasi-criminal in
nature.
According to her, all the orders being sought by the applicant
should await the response of the AGF to the processes filed.
“We are here out of the respect for the court. We seek to regularise
our appearance before the court. We shall be seeking for a further
date to enable us react to the processes filed by the applicant,” she
said.
After listening to the arguments of both parties, Justice Buba, in a
bench ruling described the case as a unique one, in the sense that
the applicant has been in and out of the court.
The judge while making reference to the case before Justice Abang,
disclosed that the parties in the matter were bound by the order of
the court which directed that status quo should be maintained,
pending the determination of the suit.
According to Justice Buba, “The order of Justice Abang, whether
rightly or wrongly, must be binding on parties and must be obeyed.
The position clearly is that the person against whom the order is
made, is bound to obey it or go on appeal.”
Justice Buba added that even though it will be in the interest of
justice to grant the AGF's application for the adjournment, justice
will be done on the case if the oral application made by Kashamu's
lawyer is granted.
“The men of the NDLEA are hereby ordered to vacate the residence
of the applicant in line with the order of Justice Abang,” the judge
said.
Justice Buba also directed that the Nigerian Police Force (NPF)
must be notified of the pending contempt proceedings before court
and that the order must be published by the applicant in a national
daily.
He adjourned the matter till June 4 for the hearing of the contempt
proceedings against the AGF and the chairman of NDLEA on its
merit.
The court had earlier summoned the duo to appear before it for
contempt.
They were accused of disobeying the order of Justice Abang that
nothing should be done contrary to the fundamental human rights
enforcement suit filed by Kashamu, pending the final determination
of the suit.
But reacting to the vacation order, the NDLEA yesterday described
as diversionary and inconsequential reports of a court order
directing its men to vacate Kashamu’s residence and the request
that both Adoke and Giade should appear in court.
NDLEA said it did not believe that any court would issue an order
preventing a government agency from performing its statutory
responsibilities in a lawful manner.
In statement signed by its Head of Media and Public Affairs, Mitchell
Ofoyeju, the agency said it would refuse to be distracted and would
continue to maintain presence at the residence.
It advised Kashamu to respect the law by submitting himself to due
process of the law.
“The NDLEA wishes to reiterate that his rights like that of other
citizens shall be respected and due process of the law was followed
in this case. The agency is prepared to further increase her public
rating and goodwill in the areas of suspect handling, respect for
human rights, and the rule of law.
“We are prepared to explore all legal means in handling this case to
a logical conclusion. The Nigerian government has received a formal
request from the United States government for the extradition of
Kashamu.
“It also has a provisional warrant of arrest on him contrary to claims
by his attorneys.”
However, Kashamu has said he was shocked by the statement
issued by the NDLEA, saying it will not obey the court order.
A statement signed by his media assistant, Austin Oniyokor, the
embattled politician said it was ludicrous that the NDLEA had
chosen to further sink not just the agency but the federal
government and Nigeria into the abyss of lawlessness.
The statement said: “By its conduct, the agency has not just proven
once again that it is a lawless, it has shown that it has no regards
for the judiciary but also holds it in utter contempt.
“We urge all well meaning Nigerians, civil society organisations and
the international community to help prevail on the NDLEA to desist
from its strings of illegalities and stop embarrassing the country
among the comity of nations.
“If the NDLEA claims to have got an extradition request, it should
be taken to the court of law and the issues properly addressed, not
this gestapo style that it has resorted to as if we are in a banana
republic."
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