Skip to main content

FG refuses to appeal ruling against Kashamu’s extradition


Mr. Buruji Kashamu
The Federal Government has not appealed against the ruling of Justice Gabriel Kolawole of the Federal High Court in Abuja, which dismissed a suit seeking the extradition of the Ogun-East Senator, Buruji Kashamu, to the United States of America to face illicit drug charge, findings by our correspondent have shown.
Since it was an interlocutory ruling and not a judgment on the main suit, the government ought to have appealed against the ruling which was delivered on July 1, within 14 days.

Our correspondent learnt that the Federal Government, through the Ministry of Justice, has only appealed against two separate judgments of the Lagos Division of the Federal High Court which had stopped the Office of the Attorney-General of the Federation from going ahead with the extradition proceedings already instituted against the senator before Justice Kolawole.
Justice Kolawole had, in his ruling on July 1, dismissed the extradition suit on the grounds that his court lacked jurisdiction to entertain it since the judgment of the Lagos division of the court nullifying the proceedings had not been set aside by any appellate court.
Justice Okon Abang of the Lagos division had, on June 8, 2015, nullified the extradition proceedings instituted before Justice Kolawole in the Abuja division of the court on the grounds that the suit was commenced in contravention of some subsisting court orders which had exonerated Kashamu of culpability in the alleged crime in the US.
Justice Abang’s order nullifying the proceedings was affirmed by Justice Ibrahim Buba in a ruling on June 23, 2015.
Our correspondent’s findings showed that the Federal Ministry of Justice had appealed against the two judgments by Justices Abang and Buba.
No official of the ministry was willing to offer information on whether or not the office of the Attorney-General of the Federation had appealed against Justice Kolawole’s ruling, which quashed the extradition suit.
However, a senior lawyer with the case but who asked not to be named because he was not authorised to speak for the ministry, confirmed the outcome of our correspondent’s search at the registry of the Abuja Division of the Court of Appeal that no appeal had been filed against Justice Kolawole’s ruling.
One of the lawyers in Kashamu’s legal team, Mr. Babs Akinwumi, also on Thursday confirmed that there was no pending appeal against the ruling.
“They (the Federal Ministry of Justice) have not appealed against the ruling. If they have appealed against it, they would have served us with their notice of appeal. Up till now, we have not received copies of their processes in the office, where they usually serve us,” he said.
According to Akinwumi, going by the provisions of the law, the ministry ought to have filed an appealed against the court’s decision within 14 days since the ruling was interlocutory and not a ruling on the main suit.
He said if it was a judgment on the main suit, then the appellant would have up to 30 days to file an appeal against the decision.
When contacted, the spokesperson for the Federal Ministry of Justice, Mr. Charles Nwodo, said he did not have information on the case.
But justifying the ministry’s refusal to appeal against Justice Kolawole’s ruling, our source said the ministry hoped that it would win its appeals against the judgments of Justices Abang and Buba, and that would clear the way for a fresh extradition application to be filed.
“Their (the ministry’s) strategy is to get the judgments from Lagos set aside and if they (the ministry) are able to achieve that, they will then file a fresh extradition application,” the source said.
The immediate past Attorney-General and Minister of Justice, Mr. Mohammed Adoke, had filed the application on May 28, 2015, upon a United State Government’s request asking the Nigerian government to submit Kashamu for extradition.
The then AGF stated in the application, FHC/ABJ/CS/479/2015, that Kashamu, described by the US government as being also known as Alhaji and Kashmal, was a subject of a one-count second superseding indictment in criminal case No. 94 CR 172 filed before the Illinois court on May 21, 1998.
An affidavit deposed to by the Assistant US Attorney for the Northern District of Illinois, Diane MacArthur, attached to the extradition request from the US government, was said to be dated April 27, 2015.
By the US government’s charge against him, Kashamu allegedly conspired with others to intentionally import “and did import into the United States” quantities of mixtures containing heroin between 1992 and 1995.
The offence for which Kashamu is allegedly wanted in the US is said to contravene Section 952(a) of Title 21, United States Code, and punishable under Section 960 of the same law.
The penalty for the offence on conviction under the law, according to the charge, is an imprisonment of not more than 10 years or a fine of up to $10m in the case of an individual or both.
.
 PUNCH.

Post a Comment

Popular posts from this blog

FG and labor leaders to meet today over planned strike action against increased pump price

The Federal government, leaders of the Nigeria Labor Congress NLC ‎and Trade Union allies will be meeting today May 16th to discuss on the planned strike action by the Labor congress. The labor leaders on Saturday May 14th gave FG till midnight of Tuesday May 17th to revert to the old pup price of petrol of N86.50 or face a total strike that may begin on Wednesday May 18th.

The Federal government and Labor leaders' meeting will hold at the office of the Secretary to the Government of the Federation in Abuja by 10am..

Those expected at the meeting include Minister of Labor Chris Ngige, leaders of NLC, TUC, Nigeria Union of Petroleum and Natural Gas Workers, NUPENG, and their Petroleum and Natural Gas Senior Staff Association of Nigeria, PENGASSAN counterpart.

TRAGEDY IN GHANA-Police officer, pregnant wife, daughter perish in gory accident,new born baby survives

A Police officer, his pregnant wife, their 3-year-old daughter and their nephew died in a horrible accident on the Adabraka road Sunday dawn.

The Police officer identified as Sergeant Francis Essuman 42, with his nephew Kobby 21, and their daughter Wilhelmina 3, were accompanying his pregnant wife, Elizabeth Essuman, 36, to the hospital to deliver when the accident occurred.

According to Chief Inspector Lilly Rockson in an interview with Adom News said, the pregnant woman delivered a bouncing baby boy in the taxi half way to the hospital prompting them to panic.

In a bid to quickly get her to the hospital to avert any complications, the taxi driver was compelled to speed but ended up crushing into a Sprinter bus which was on top speed from Tudu in Accra.

Title-crazy civil servants to go

Title-crazy civil servants are scared of being sacked, The Nation learnt at the weekend. Officials, who violated the Public Service Rule banning titles until after retirement, may be retired in the coming civil service reforms.
Only those whose titles were traditionally inherited may be spared but their postings and conduct will be put under watch.
According to sources, the government is disturbed that most of the top civil servants with honorary awards actually bought them at high fees.
The affected civil servants violated the rules which grants them the right to such honors only after retirement.
Besides committing the resources of Ministries, Departments and Agencies (MDAS) to such awards, most of the civil servants used the window to “grant favour to groups, persons, and communities in violation of their oath of office.”