Court to decide Kashamu’s extradition case May 27

It was gathered that ,Kashamu, in the said case, accused the
Inspector-General of Police and 11 others of plotting to abduct and
forcibly transport him to the US to face trial on alleged drug-related
offences.
He alleged that he had uncovered plans by the defendants doing the
bidding of former President Olusegun Obasanjo to arrest him during his
swearing in as a senator and to transport him to the US in a private
plane to face trial before Judge Norgle.
He therefore prayed the court to declare the alleged abduction and
extradition plot as an infringement on his fundamental human right to
liberty, freedom of association and freedom of movement as provided by
sections 35, 40 and 41 of the Constitution.
Moving the application on Friday, Kashamu's lawyer, Dr. Alex Izinyon,
said his client had rushed to court to seek protection because "when
you see a danger coming, you don't have to wait until it takes place."
He said the law allowed an applicant to seek the court's protection
when he sees that a danger "has been, is being or is likely to be"
unleashed on him, adding that Kashamu fell within the perimeter of
"likely to be."
Besides, Izinyon argued that none of the 12 respondents sued had
controverted the alleged plot to abduct his client.
But counsel to the Inspector-General of Police and the Interpol
National Central Bureau, Mr. David Igbodo, said Kashamu failed to show
any proof of the alleged move to abduct and extradite him.
Igbodo, who described Kashamu's action as speculative, urged the court
to dismiss the suit.
"My Lord, what the 1st and 5th respondents are simply saying is that
this application is speculative. The 1st and 5th respondents have not
made, are not making and are not likely to make any attempt to abduct
the applicant as alleged by the applicant."
Igbodo added that abduction is a criminal offence, which the IGP, as
the foremost law enforcement agent in the country, would never engage
in.
The other respondents who, through their counsel, urged the court to
dismiss Kashamu's suit were the Chairman, National Drug Law
Enforcement Agency, Chairman, Economic and Financial Crimes
Commission; Director General, Department of State Service; and the
Attorney General of the Federation.
Others were the Clerk of the National Assembly; the National Security
Adviser to the President of the Federal Republic of Nigeria;
Independent Corrupt Practices and other Related Offences Commission;
Nigeria Customs Services; the Nigeria Immigration Service; and the
Nigeria Security and Civil Defence Corps.
Earlier, Justice Okon Abang refused an application by the counsel for
the Clerk of the National Assembly, Mr. Joshua Okah, to join Obasanjo
as a respondent in the suit.
Okah said, "My Lord, we have perused the affidavit in support of the
applicant's originating summons and we observed that Chief Olusegun
Obasanjo featured prominently and serious allegations were levelled
against him; we have brought this application that he should be joined
as a necessary respondent for the complete and effective determination
of this matter."
But Izinyon, who described the application as an abuse of court
processes, said it was an aberration for a respondent in a suit to
seek to join another respondent.
Ruling on the arguments, Abang upheld Izinyon's argument and dismissed
the application to join Obasanjo as a respondent in Kashamu's suit.
Kashamu is seeking, among other reliefs, an order of the court
directing the IGP to "provide a security detail of at least six armed
police officers to protect the applicant at all times of the day and
to prevent (him from) any attack or abduction."
He also prayed for an order directing the Clerk of the National
Assembly "to accord the applicant every facility, right and privileges
due to a senator-elect of the Federal Republic of Nigeria until he
takes his oath of office and thereafter as is due to a senator of the
Federal Republic of Nigeria."
He prayed the court to restrain all the respondents and their agents
from preventing him from entering the National Assembly hall
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