Embattled Senator-elect, Buruji Kashamu, got a temporary reprieve on Tuesday.
Justice Ibrahim Buba of a Federal High Court, Lagos ordered operatives of the National Drug Law Enforcement Agency (NDLEA) to vacate his Lagos residence.
He also ordered the Nigeria Police Force (NPF) to ensure that NDLEA operatives vacate Kashamu’s residence.
Kashamu’s counsel, Alex Izinyon (SAN), had argued that the invasion of his client’s house by NDLEA operatives on Saturday breached his fundamental rights and the action of the agency “is against the order of Justice Abang”.
Respondents in the suit are NDLEA Chairman, Economic and Financial Crimes Commission (EFCC), Director-General, Department of State Security (DSS), The Interpol, National Central Bureau (NCB) and Attorney-General of the Federation (AGF).
Others are The Clerk of the National Assembly, The National Security Adviser (NSA) to the President, Independent Corrupt Practices and other Related Offences Commission (ICPC), Nigeria Custom Services, the Nigeria Immigration Service (NIS) and Nigeria Security and Civil Defence Corps (NSCDC).
Iziyon, while responding to application for an adjournment of the matter by a lawyer from the Attorney General’s office, Mrs. A. C. Akwiwu, urged the court to direct NDLEA officers to vacate his client’s house.
The lawyer submitted that the action of the agency is against the order of Justice Okon Abang and that judgement in the matter has been fixed for May 27.
Iziyon further urged the court for an order that any warrant or application by anyone should be brought to the court and that the court should also direct other law enforcement agencies to ensure that any order made by the court are obeyed since the NDLEA officers laying siege to Kashamu’s residence are armed.
Mrs. Akwiwu had asked for an adjournment of the matter on the ground that the case is quasi – criminal in nature and that all the orders being sought by the applicant should await the response of the AGF to the processes filed.
“We are here out of respect for the court. We seek to regularise our appearance before the court. We shall be seeking for a further date to enable us react to the processes filed by the applicant,” she said.
Justice Buba, in a bench ruling, described the case as a unique one, in the sense that the applicant has been in and out of the court.
While making reference to the sister case before his brother Judge, Okon Abang, he held that parties in the matter were bound by the order of the court which directed that status quo should be maintained, pending the determination of the suit.
Justice Buba declared that Justice Abang’s order, whether right or wrong, “is binding on parties and must be obeyed. The position of the law is clear, that is, any person against whom an order is made is bound to obey it or go on appeal”.
“Men of the NDLEA are hereby ordered to vacate the residence of the applicant in line with the order of Justice Abang,” the judge ruled.
He adjourned the matter till June 4, for the hearing of the contempt proceedings.
