Mr Kashamu, who is the senator representing Ogun East Senatorial District at the National Assembly, had, in his suit labelled FHC/L/CS/930/2018, joined the following as respondents: the Inspector General of Police, Commissioner of Police Lagos Police Command, Director General State Security Service , National Drug law Enforcement Agency NDLEA, and the Attorney General of the Federation .
On April 29, judgment could not be delivered in the suit as the period fell within the Easter vacation, and the court did not sit.On May 10, Ichakpa Oigoga was the only counsel who appeared on the side of the defence, and he announced appearance for the NDLEA. After reading the letter, Mr Oigoga informed the court that defence would file its counter affidavit in opposition.At the resumed hearing of the case, Mr Kashamu’s lawyer, Ifeoma Esom, informed the court of plaintiff’s motion, seeking to reopen hearing in the suit.
The plaintiff’s counsel said the application is predicated on the recent discovery of the Extradition Act 2018, which came into effect on November 6, 2018.According to plaintiff, the Extradition Act 2018 provides that: where a claim of mistaken identity is raised in an extraction case and no evidence is led to satisfactorily rebut the claim, the court shall dismiss the application for extradition order and discharge the defendant.
He said that the U.S. government then made a request to the Nigerian government, for the applicant to be extradited sometime in May 2015.
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