In dismissing the application, Justice Gabriel Kolawole said that it would amount to sitting on appeal against the judgments of two of his colleagues, Justices Ibrahim Buba and Okon Abang, of the Lagos division of the court.
While dismissing the case, he held that the suit before him was an abuse of the processes of the court.
The trial judge had last week reserved ruling for today on whether or not to continue to hear the extradition process against Kashamu.
The judge said he would consider all the processes placed before him before he could rule on whether or not to proceed with the extradition proceedings in view of the decisions by Justices Ibrahim Buba and Okon Abang of the Lagos division of the court.
The judge said he would also decide on whether there were enough reasons for the commencement of the extradition proceedings against Kashamu by the federal government on that same day.
Government was seeking a bench warrant of arrest against Kashamu for him to appear in court to face the extradition case against him.
In refusing to go ahead with the case, Justice Kolawole agreed with Kashamu’s counsel Ajibola Oluyede, that the orders made by Justices Ibrahim Buba and Okon Abang of Federal High Court, Lagos had extinguished the current action by the prosecution.
The judge rejected government counsel, M. S Hassan, argument urging him to go ahead with the case. Hassan had urged the court to discountenance the submissions of the defence counsel, saying that Federal High Court in Lagos had no supervisory jurisdiction over Federal High Court in Abuja
Credit: Tobi Soniyi/ThisDay
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