High Court Order NDLEA Operatives To Vacate Kashamu’s Premises

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Justice Ibrahim Buba of the Federal High Court sitting in Lagos has ordered the National Drug Law Enforcement Agency (NDLEA) to vacate the premises of Senator-elect, Prince Buruji Kashamu

The court yesterday, ordered the NDLEA to vacate the residence of the senator-elect in  a bench ruling delivered during a contempt proceedings filed against the Attorney-General of the Federation (AGF ), Mohammed Adoke and Chairman of  NDLEA, Ahmadu Giade.

Kashamu through his lawyers, Alex Izinyon (SAN) and Ajibola Oluyede had approached the court following the siege on his home since May 23, by officials of the NDLEA. Although the applicant had filed a Motion Ex-parte, which the court on Monday, refused to entertain,  it had  directed that the respondents be put on notice to appear before it on yesterday.

At the resumed hearing of the matter, the AGF was represented by Anne Akwiwu but the NDLEA Chairman failed to appear in court.

The AGF’s representative,  said they were in court based on the respect they had for the court and prayed the court for an adjournment to enable them reply to the originating motion on notice for committal filed against the AGF. She stated that they were not ready but in court to observe what was on ground in order to regularise their processes.

The AGF’s prayer prompted Kashamu’s counsel, Izinyon to make an oral application seeking four orders in line with the urgency of the matter.

Izinyon urged the court to grant an order vacating the over 50 personnel of the NDLEA who had laid siege on Kashamu’s residence since May 23, forthwith.

He prayed for an order that any application for arrest warrant against Kashamu must be brought before Justice Buba, since he is in charge of the case.

Kashamu’s lawyer also prayed for an order allowing them to publish the court’s ruling in the newspaper as a notice to the NDLEA Chairman, since the Court bailiff could not effect personal service on Giade. He further urged  for an order that the court should direct the police and the state security service (DSS) to enforce the order  of the court, since the NDLEA personnel attached to Kashamu’s residence were armed.

In her reaction,  counsel to the AGF opposed the application,  praying  the court to discountenance the  Izinyon’s requests. However, the trial judge, Justice Buba in his ruling, noted that the applicant has been in and out of court against the respondents to which there are subsisting rulings and judgment.

He held that Justice Okon Abang had ordered parties to stay actions in a fundamental rights suit filed by Kashamu, adding that the AGF and NDLEA are sixth and second respondents, respectively, in that case slated for judgment today.

“This is a unique case in the sense that the applicant has been in and out of court against the respondents and many others. One of such cases is before my learned brother Justice Okon Abang and the matter has been fixed for judgment on May 27.

Meanwhile, the  Media Adviser to Prince Kashamu, Austin Oniyokor, yesterday berated the NDLEA for not complying with the Court order.

In that case, Justice Abang made  order staying all actions arising from the applicant’s claims capable of infringing on his fundamental rights to personal liberty, freedom of movement and association, pending the hearing and determination of the substantive application,” the judge stated.

Justice Buba noted that the above order has not been set aside by any court and should be respected by all parties involved, based on principle of law.

Stressing that the court would not stampede the AGF, who has prayed for time to file a reply, Justice Buba emphasised that parties in the suit were bound by the orders made by Justice Abang, which directed that status quo be maintained.

Citing plethora of legal authorities,  Justice Buba held that “the judgment of a court of competent jurisdiction subsists unless it is set aside by a superior court.

The judge declared: “Whether rightly or wrongly,  parties are bound by that order of Justice Abang.  The judgment of the court, no matter how perverse, remains valid until set aside by a higher court.

“Therefore, while it will be in the interest of justice to grant the AGF time to react, the justice of this case at this stage demands that the NDLEA men stationed at the applicant’s premises are hereby ordered to vacate in view of the subsisting court order.

“The alleged contemnors are hereby ordered not to do anything to undermine the hearing of the committal suit before this court.”

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