NDLEA has no role in Extradition Proceedings – Kashamu’s Counsel

Counsel to the senator representing Ogun-East senatorial district, Buruji Kashamu, Prince Ajibola Oluyede, has explained that the National Drug Law Enforcement Agency (NDLEA) has no role to play in the institution of extradition proceedings according to the nation’s Extradition Act.

Speaking against the backdrop of an NDLEA report on the proceedings in the committal application before the Federal High Court, Abuja, over Senator Kashamu, the legal practitioner averred that the writers of the report are clearly up to some mischief.

The report, credited to the NDLEA, was allegedly made in response to a committal application brought against it by Senator Kashamu for continuing to plan illegal rendition attempts against him.

The NDLEA in a counter-affidavit filed before the Court in Abuja to oppose the contempt proceedings initiated by Kashamu against the agency and other respondents, said it is not true that the court had perpetually restrained the Federal Government from extraditing him to the United States of America to face drugs-related charges.

Prior to this counter-affidavit, a dismissal of the extradition application made by the Attorney-General of the Federation in Suit No. FHC/ABJ/CS/49/2015, the judgment against NDLEA and others in Suit No. FHC/L/CS/508/2015, had been made forbidding the NDLEA from any cooperation with foreign agents to forcefully abduct Senator Kashamu.

According to Oluyede, every person with the slightest inclination can discover just by reading the Extradition Act that NDLEA has no role to play in the institution of extradition proceedings.

“It is the exclusive preserve of the Attorney General of the Federation (AGF) to initiate extradition processes after receiving a valid request from a treaty bound country against any person resident in Nigeria.

“The AGF is the only person who may decide which law enforcement agency to use to execute a warrant duly obtained from the Federal High Court for that purpose and even in drug-related cases it does not have to be NDLEA.

“Such a warrant cannot be obtained clandestinely but in the course of proceedings already commenced before the Federal High Court. In many cases, the court would not make such a warrant when the subject is a public officer of the standing of a distinguished Senator of the Federal Republic of Nigeria but would merely issue a summons for his to appear by himself in the court.”

He explained further that, “The Attorney-General of the Federation (AGF) has himself admitted that he is bound by the decision of the court dismissing the extradition proceedings it brought against Senator Kashamu and cannot take further steps against him. Indeed, the Attorney-General of the Federation denied being involved in any further attempts against Senator Kashamu as alleged in the committal proceedings brought by the Senator. I wonder why the writer did not major on the affidavit filed for the AGF in the proceedings instead of that of the NDLEA.”

While stating that the overzealousness of the NDLEA and its continued threatening against Senator Kashamu should be seen by right minded persons as most unbecoming, irrational and evil, Oluyede said the idea being sold by the mischievous writer is that the universally berated and deplored invasion of Senator Kashamu’s house in May 2015 was part of a legal extradition process. No right minded person will ever buy that nonsense any more.

“NDLEA invaded Senator Kashamu’s house on Saturday 23rd of May 2015 at 3 am not for extradition purpose but for rendition purpose based on the control of NDLEA by foreign agents and illegal directions given by an irresponsible public officer.

“NDLEA had no warrant known to the Extradition Act and its entire objective was to abduct Senator Kashamu and hand him over to his political adversaries under sedation for a flight to the USA in a private jet to be handed over to USA authorities. There was no intention to go through the courts as required by the Extradition Act.

“Having been caught red handed in this nefarious ploy, the NDLEA, rather than offer an unreserved apology to the Senator for the destruction to his property and the unwarranted humiliation to him and his family, continues to prance around like a puppet completely under the control of the Senator’s political adversaries and plotting with them other illegal attempts to abduct and export the Senator out of Nigeria without following due process of law.

“The quotation in the mischievous write-up credited to NDLEA is a clear admission that NDLEA is not interested in proceeding against Senator Kashamu through lawful means which it admits it cannot do (and which in any event it does not have the power to do) but is a veiled threat that it will again (under the pretense of pursuing lawful extradition) take steps against the Senator to please its puppeteers.

“As masters currently stand no entity in Nigeria, including the Attorney General of the Federation and all law enforcement agencies can take any steps against Senator Kashamu lawfully or unlawfully for any purpose connected with allegations from which he has been exonerated by British Courts in 2000 and 2003. The Federal High Court has, in Suit No. FHC/L/CS/508/2014 decided this much.

“That court held that the issue of Senator Kashamu’s involvement in the alleged offence committed in the US can no longer be re-opened in new extradition proceedings in Nigeria since a competent English Court has found positively after three (3) years of trial that Senator Kashamu is not the person involved in the offence and that it is a case of mistaken identity. The NDLEA and its publicists should give the matter a rest.”