The suit was filed by former Attorney-General and Minister of Justice, Mr. Mohammed Adoke, on May 28, 2015 seeking to execute an extradiction warrant on Senator Kashamu from the United State justice department.
Justice Gabriel Kolawole who presided over the ruling held that he lacked jurisdiction to entertain the suit while the judgment of the division of the court in Lagos nullifying the proceedings on June 8, 2015 and the same judgment affirmed by another judge of the same Lagos division had not been set aside by an appellate court.
Justice Okon Abang of the Lagos Division of the Federal High Court on June 8, 2015, nullified the extradition proceedings which he said were initiated in contravention of an earlier order of the court.
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Abang’s orders nullifying the proceedings were affirmed by Justice Ibrahim Buba in a ruling on June 23, 2015.
Although Justice Kolawole described the ruling of Justice Okon Abang and Justice Ibrahim Buba as “wild and audacious,” he submitted that only the Court of Appeal has the powers to determine the orders of the lower courts.
Counsel to Senator Buruji Kashamu Mr. Ajibola Oluyede had on June 25, 2015, urged the court to dismiss the case as it will amoun to abuse of court process given the earlier judgment given by Justice Okon Abang and Justice Ibrahim Buba