OGUN East senator-elect Buruji Kashamu has failed in his latest bid to prevent his arrest and deportation to the US to face drug trafficking charges after a Lagos high court struck out his quest to have the process stopped.  

On September 25, 2009 Judge Charles Norgle of the United States District Court in Chicago, Illinois upheld Mr Kashamu’s indictment by the US government on drug trafficking charges and conspiracy to smuggle heroin into the country. Since then, the US government has been trying to extradite him and last week, the Nigeria Drugs and Law Enforcement Agency (NDLEA) began the process. 

NDLEA agents have surrounded Mr Kashamu's Lagos home and to prevent his arrest, he filed a court action asking that they be restrained from apprehending him. However, Justice Ibrahim Buba struck out an ex-parte order brought by his lawyer Ajibola Oluyede, seeking to restrain them from arresting him. 

Mitchel Ofoyeju, the NDLEA spokesman said: “Mr Kashamu failed to appear in court from his house where he is being closely monitored by operatives of the NDLEA. The agency is working hard to ensure that he submits himself to the due process of the law. 

“The extradition move by the NDLEA for Kashamu to answer drug trafficking charges is legal as the agency has not violated his rights and will continue to work within the confines of the law. He has been assured that due process of the law shall be adhered to at every stage." 

Yesterday, Justice Buba also ordered the attorney-general of the federation Mohammed Adoke and NDLEA chairman Ahmadu Giade, to appear before him today to explain why they should not be held for contempt for invading Mr Kashamu’s residence. He ruled that the order was in view of the urgent nature of the matter and in light of subsisting judgment and court orders. 

However, Mt Ofoyeju added: “The NDLEA is the appropriate government agency to implement his extradition request and will diligently pursue the processes to a logical conclusion. It is expected that Kashamu will willingly submit himself to the laws of the country under which he seeks to serve as a senator.” 

In a Motion on Notice for committal brought pursuant to order 35 of the Federal High Court Rules, 2009, Mr Oluyede had prayed the court to rule that the respondents are in criminal contempt of court for obstructing justice by the wilful violation of a court judgment dated January 6, 2014. He prayed the court to declare that the invasion, destruction of property, harassment, humiliation, arrest and detention of Mr Kashamu by NDLEA, as well as any extradition proceedings commenced thereupon, constitute criminal contempt in view of the said judgment and another pending ruling before the Federal High Court. 

He accused Mr Giade of a plot to pre-empt the judicial process by deploying about 50 fully armed NDLEA officials, pursuant to the verbal instruction of the attorney-general, to invade Mr Kashamu’s home around 4am on May 23. He claimed that the senator-elect’s residence was burgled by the men who put him under house arrest.