A Federal High Court in Abuja has refused the application by Senator Buruji Kashamu, seeking an order to restrain the Department of State Services from extraditing him to the US to face drug charges.
The vacation Judge, Justice Okon Abang, refused the application on Tuesday after Counsel to Kashamu, Mr Godswill Mrakpo, argued the application in favour of his client.
Abang granted only one prayer of the three sought by the applicant, an order to serve the third respondent outside jurisdiction of the court.
The judge directed the applicant filed and serve all the respondents with the motion on notice
They are the Director-General of DSS, Inspector-General of Police and Mr Oladipupo Adebutu.
“ It is my view that the court should give the respondents opportunity to show cause why restraining order should not be granted against them.
“ The court shall give them time to respond, I want to hear from the respondents,’’ he said.
Abang also refused another prayer seeking to serve the respondents through a substituted means.
According to him, the applicant did not placed any material before the court to show he made any effort to serve the respondents which did not yielded any result.
He, therefore, struck out the first and second reliefs sought by the applicant.
NAN also reports that the Senator was asking the court to an order of perpetual injunction restraining all the respondents and their agents from arresting and detaining him.
Abang adjourned hearing in the suit till Sept. 8 to enable the applicant to serve all the respondents with motion on notice.
The extradition of Kashamu has been a protracted legal issue since last year, when the senator made efforts to secure a perpetual injunction against the National Drug and Law Enforcement Agency, NDLEA.
In February, the Senate intervened to get the assurances of the NDLEA that the Ogun East Senator would not be extradited, without due process in the court.
This followed the petition by Kashamu’s lawyer, Ajibola Oluyede, claiming that NDLEA operatives had perfected strategies to forcefully take him to the US in order to answer alleged drug related charges.
“The Senate, AGF, NDLEA have unanimously agreed to stop further harassment, intimidation, abduction and extradition of Kashamu until the conclusion of the matter at the law court.
“We had also agreed that the rules of law and due process must be followed in the case,” Senator Samuel Anyanwu said.
Kashamu is wanted in the US state of Illinois over drug offences.