A judge of the Federal High Court in Abuja, Okon Abang, on Thursday threatened to withdraw from a suit brought by a former Senator for Ogun East district, Buruji Kashamu, to stop his extradition to the United States.
Mr Kashamu in the suit is praying for a court order to prohibit the federal government from extraditing him to the United States of America for trial on drug possession charges.
Mr Abang, who claimed to have given judgement in two suits in 2015 on the same matter, said that he would opt out of the fresh suit filed last year if it is related to extradition matter.
The reaction of the judge followed an observation by counsel representing the National Drug Law Enforcement Agency (NDLEA), Joseph Sunday, who drew the attention of the court, to the fact that he had in 2015, delivered two judgements on the same extradition issue.
Mr Sunday said the two judgements of the high court had been set aside by the Court of Appeal, Lagos division.
He added that the appeal on the said judgement has been filed at the Supreme Court.
The NDLEA lawyer, who commended the judge for raising the issue of propriety by him to adjudicate on the two fresh suits filed by Mr Kashamu in 2018, pleaded with the court to take notice that similar extradition matters by the same person had been decided.
But Ifeoma Esson, the counsel to Mr Kashamu, insisted that the fresh suit of her client is not related to the issue that brought about the two judgments that Mr Abang delivered in 2015.
She stated that the current suit was predicated on the unlawful invasion and siege laid to his client’s house for six days by operatives of the NDLEA.
Ms Ifeoma told the court that her client in the fresh suit is challenging the violation of his fundamental right to dignity of person and freedom of movement; and urged the court to go ahead with the hearing of the new suit.
Mr Kashamu had in the second suit marked FHC/ABJ/CF/530/2018, sued the Attorney General of the Federation (AGF) and the NDLEA, praying the court to prohibit the two respondent from extraditing him to America to face the trial in an alleged hard drug offence.
The former senator applied for an order of the court to also stop the two respondent from giving effect to the extradition request of the USA on him.
However, in a brief ruling, the judge adjourned the hearing of the substantive matter till 30th September on the ground that the court will proceed on annual vacation by July 8 and that he would not be able to write judgement during the vacation.
The former senator, who was expelled from the Peoples Democratic Party (PDP) in the run-up to the general election, had sued the AGF and the NDLEA for the enforcement of his fundamental rights.
He is praying the court to stop the two respondents from extraditing him to the U.S. where he is wanted for drug-related offences. He has repeatedly claimed he is innocent but has resisted moves to extradite him.
In May last year, the appeal court ruled against Mr Kashamu, signifying a possibility he could be arrested before extradition commences.
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