Extradition: Clerk’s error stalls Kashamu’s fundamental suit

The planned hearing of a suit by Buruji Kashamu (representing Ogun East) has been stalled owing to the failure of the Registrar of Court 11 of the Federal High Court, Abuja to list the case for the day.

Buruji, in the fundamental rights enforcement suit he filed late last year, seeks to among others; restrain the Inspector General of Police (IGP), the Director General of the Department of State Service (DSS) who are listed as 1st and 2nd respondents, from arresting him and transporting him to the United State in relation to his alleged involvement in drugs trade.

He named a House of Representatives member, Oladipupo Adebutu (representing Ikenne, Sagamu and Remo North Federal Constituency in Ogun State) as 3rd defendant in the case on the ground that he had instigated the security agencies against him via a petition alleging threat to life.

Parties in the matter, had earlier been notified that the case would be heard on January 20, 2017 before Justice Nnamdi Dimgba of Court 11.

However, when lawyers turned up for the case on Friday, they discovered that it was not listed for the day.

Also on Friday, Justice Dimgba directed the service of court documents on Kashamu, one of his aides, Onamusi Onadeko and the IGP in relation to a fresh case brought against them by a lawyer, Babatunde Olokun.

When the case was called on Friday, plaintiff’s lawyer, Stanley Iji told the court that the case was coming up for the first time and that the respondents were not yet served with court documents, a development that informed the judge’s directive. He adjourned to February 8 for report of service and hearing.

Olokun, in the fundamental rights suit, alleged among others, that Kashamu and Onadeko have on several occasions, threatened his life following a disagreement over a business transaction in relation to the 2016 Hajj pilgrimage.

In the suit with No FHC/ABJ/C5/787/2016, Olokun claimed that Kashamu and his aide (listed as 1st and 2nd respondents) have persistently put his life under threat with incessant phone calls and text messages. He listed the IGP as the 3rd respondent.

He prays the court for among others, a declaration that the continuous murderous threats via phone calls and his harassment by the senator and his aide was unconstitutional and a violation of his right to life as guaranteed under section 33 of the 1999 constitution.

He also seeks a declaration that it is unlawful for the Senator and his aide to use the officers of the IGP to arrest detain, harass or otherwise interfere with his personal liberty without any lawful cause.

Olokun, who claimed to be Managing Director of Design Travel and Tours Limited, a company based in Abuja, stated in a supporting affidavit, that on July 13, 2016, Senator Kashamu through his organization – Omo Ilu Foundation – entered into a Memorandum of Understanding (MoU) with him for the sponsorship of 14 pilgrims to the 2016 hajj.

Plaintiff further claimed that at a point, Kashamu sought to repudiate the contract with him and that he (the Senator) also requested for the refund of N14million after the contract had been

substantially executed.

He claimed the Senator caused his arrest, intimidation, harassment and detention by police at the Maitama area command in Abuja.

The deponent maintained that the transaction between him and the first defendant was purely civil and that the money paid for the transaction had been substantially utilized for the purpose contained in the agreement.

He also demanded for compensation of N10million jointly and severally as damages for his unlawful arrest unwarranted continuous threats, harassment and infringement on his fundamental right.

SEYI ANJORIN, Abuja