Abuja - The Federal High Court, Abuja,
has directed, Sen. Buruji Kashamu, to execute the two previous court judgments
he obtained stopping the Federal Government from extraditing him to the U.S.
Kashamu, had in a fresh application, urged the court to prohibit the police and
the Department of State Services (DSS) from arresting and extraditing him to
the U.S to answer charges on drug-relates offences.
The judge, Justice Okon Abang, declined the request, saying that the serving
senator, representing Ogun West in the Senate did not need the order.
Abang held that if Kashamu was sure that police and the DSS were taking steps
to arrest and extradite him, he should execute the two earlier judgments
obtained against the Federal Government.
He said that it was not necessary for the court to issue a fresh order against
the defendants in the matter since the same court had delivered two judgments
in his favour on the subject matter.
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The judge said: "on this issue of the alleged plan by the respondent to abduct
the applicant, I am aware that the applicant has various court judgments in his
"If he is apprehensive, and is so sure of himself and his facts, he is at
liberty to execute the various judgments.
"The two judgments are still subsisting and therefore the applicant requires
no court order against the respondents.
"If he is complaining that persons who were not parties in the previous
judgments are threatening to take steps to extradite him to U.S by force, he
can seek leave of the court to execute the judgements in his favour.
"He can do so in line with provisions of Section 133 of the Criminal Code and
he does not need a fresh order or fresh suit to achieve that.’’
On the petition against him by Adebutu that he, Kashamu was threatening his
life, the judge ordered that status quo be maintained pending the determination
of the motion on notice filed by the senator.
Abang said that his decision was based on the agreement reached by the parties
to maintain status quo.
He, however, referred the case filed to the chief judge of the court, Justice
Ibrahim Auta, for reassignment to another judge after vacation.
He said that his tenure as a vacation judge would end on Sept. 9 and that he
could not afford to open a fresh case he would not be able to complete during
Kashamu had premised his case on the grounds that he had information that
operatives of the police and the DSS were taking steps to abduct him and
extradite him to the U.S.
In his motion on notice filed by his counsel, Mr Godswill Mrakpor, the senator
claimed that unless the court granted him the order, his liberty would be put
in jeopardy by the security operatives.