Appeal Court to hear FG, Kashamu extradition case February 8
The Court of Appeal in Abuja will on February 8 hear a suit between the Minister of Justice and Attorney General of the Federation (AGF) and Senator Buruji Kashamu.The Federal Government is seeking to extradite the lawmaker to the United States of America (USA) to answer criminal charges on drug-related offences.
The court is expected to determine the merit of the issues raised by the Federal Government and the defence by the senator.A three-man panel of the court constituted by its President, Justice Zainab Adamu Bulkachuwa is expected to determine the fate of the lawmaker.
The lead counsel to the plaintiff, Emeka Ngige (SAN) confirmed to judiciary correspondents in Abuja that the case has been fixed for Thursday this week for determination of all contending issues.He said the hearing notices have been issued to all the parties to be in court for the matter to be resolved, in line with the provisions of the law.
This, he said is crucial, following the Extradition Treaty between the Federal Government and the U.S.A.The office of the AGF had filed the appeal on behalf of the Federal Government against the Judgments of Justice Ibrahim Buba of the Federal High Court, Lagos, and another by Justice Okon Abang of Abuja division.
The rulings placed a hold on the planned extradition through a restraining order; on the ground that due process of law was not followed.The AGF in the appeal is praying the appellate court to set aside the judgment of the two justices on the ground of miscarriage of justice.He is contending that Kashamu suppressed facts before the lower court to secure the restraining order against his extradition.
The AGF also averred that the two judges erred in law by issuing order in favour of the senator without evaluating the documentary evidence placed before them during the hearing.Ngige is praying the appellate court to void and set aside the two judgments.
Kashamu had alleged that no court order was obtained before the move to extradite him was executed. Three Senior Advocates of Nigeria (SAN), Akin Olujimi, Lateef Fagbemi, and Dr. Alex Izinyon are expected to defend the embattled lawmakers.
Earlier, the suit involving the AGF and the National Drug Law Enforcement Agency (NDLEA) and other security agencies as appellants, had shifted to the Court of Appeal for determination.This followed the withdrawal of other aspects of the case at the Federal High Court in Abuja, in which Buruji filed contempt charges against the AGF and the NDLEA.The return of parties in the legal battle to the appellate court followed the withdrawal of all motions filed by Kashamu at the Federal High Court in Abuja.
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