A Federal High Court in Abuja has dismissed the Federal Government’s suit seeking the arrest and extradition of Buruji Kashamu, a Senator, to the U.S over alleged drug charges.
Justice Gabriel Kolawole on Wednesday dismissed the suit for lack of jurisdiction and abuse of court process.
Kolawole held that the suit was filed after orders were made by Justices Ibrahim Buba and Abang of the Federal High Court, Lagos, on the same subject matter.
Premium Times reports that he said this had robbed him of jurisdiction to entertain the case and constituted a gross abuse of court process, since the Lagos Federal High Court had coordinate jurisdiction with that of Abuja.
“The instant suit was initiated in flagrant abuse of and disobedience to the orders made by Justices Abang and Buba of the Federal High Court, Lagos, which have extinguished the current action by the applicant.
“It is in the interest of Justice and our jurisprudence that I do not dabble into the case by granting any orders for the arrest or extradition of the respondent.
“Therefore, to accede to the applicant’s request would be against the legal concept of judicial precedence and res judicata.
“This suit is, hereby, dismissed, with no orders made as to cost against the applicant,” he said.
Mohammed Hassan, Counsel to the Federal Government, had asked the court to issue a bench warrant against Kashamu’s extradition.
Kashamu’s counsel, Alex Izinyon SAN, however in his submission, urged the court to strike out the matter.