TheNewsGuru

Tag: Extradition

  • Hushpuppi: FG working on Abba Kyari’s extradition to US – Malami

    Hushpuppi: FG working on Abba Kyari’s extradition to US – Malami

    The Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, on Monday, said the Federal Government may consider request to extradite the suspended Deputy Commissioner of Police, DCP, Abba Kyari, to the United States of America, USA.

    Kyari is to face trial over his alleged $1m scam involvement with an internet fraudster, Ramon Olorunwa Abbas, popularly known as Hussipuppi.

    Malami, who appeared as a guest in Channels Television’s night program, Politics Today, disclosed that “reasonable ground for suspicion” was established against DCP Kyari in the report of a police panel that investigated corruption allegations that were levelled against him by the Federal Bureau of Investigation, FBI.

    Though the AGF noted that the case has both national and international dimensions, he said the FG would not rule out the possibility of Kyari’s extradition to the US or his prosecution in Nigeria.

    “It is a work in progress, nationally and internationally”, he stated, adding “we will ensure that justice is done regardless of personalities involved”.

    He stressed since multiple jurisdictions are involved in the case, including the United Arab Emirates, US and Nigeria, it would require collaborations, with the country providing “the necessary support”.

    “What I am saying is that locally and internationally, all hands are on deck. Nigeria is indeed doing the needful by way of supporting what America is doing, for the purpose of ensuring that the cases are tried accordingly, within the context of American aspect of it. And eventually, if there is need for local prosecution, nothing will stop it”.

    Speaking further, Malami, said: “There could be a need for making request for extradition. Parties are discussing and collaborating, with exchange of correspondences for the extradition and associated issues”.

     

  • Extradition case: Kashamu knows fate July 2

    Justice Okon Abang of the Federal High Court Abuja, on Friday, fixed July 2, to deliver judgment in one of the two fresh suits instituted by Sen. Buruji Kashamu to stop the Federal Government from extraditing him to the U.S. for trial over an alleged drugs offence.

    The judge who was billed to deliver the verdict in the suit on June 20, said the judgment was not ready attributing the development to heavy workload he had.

    Abang however pushed the matter forward and promised that the court would now deliver its judgment on the new adjourned date.

    The judge had on Thursday, June 20, fixed June 2, for hearing in the second fresh suit filed by the senator against his planned extradition by the federal government to face trial over alleged drug offence.

    NAN reports that Kashamu instituted three new suits against the Attorney General of the Federation (AGF), and the National Drug Law Enforcement Agency (NDLEA), praying the court to stop the federal government and the NDLEA from arresting, detaining and extraditing him over the issue.

    In the instant suit filed by his counsel, Mr John Odubela, SAN, Kashamu argued that his fundamental rights to freedom and liberty would be breached with the plan to transport him to U.S. for the alleged offence if the AGF and NDLEA were not restrained from doing so.

    He claimed in his originating summons that two staff of the NDLEA had alerted him of the move by the two respondents to give effect to the extradition request of the American government against him.

    However, the AGF and NDLEA in their separate responses, prayed the court to dismiss the suit on various grounds.

    Among others, the AGF informed the court that the senator had been abusing court processes through filing of multiple suits on the same subject matter.

    Counsel to AGF Mr Gazali Tijani, told the court that the same plaintiff had in 2013 and 2014, instituted two different cases on the same issue against the Federal Government.

    He added that judgments in the two suits were delivered in 2015 by a Federal High Court in Lagos.

    Tijani, however, said that the two judgments of the high court delivered in 2015, were on May 4, 2018, voided and set aside by the Court of Appeal Lagos division.

    The counsel informed the Judge that the senator had since approached the Supreme Court to challenge the decision of the Court of Appeal.

    He, therefore, urged the court to dismiss the fresh suit on the ground that it constituted a gross abuse of court processes and lacking in merit because it did not disclose any cause of action.

    But the NDLEA in its opposition to the fresh suit told the court that Kashamu was wanted in the USA because of the 6.6kg of heroin he allegedly imported into the country in 1994.

    The Anti-Drug Law agency claimed that the Senator who represented Ogun East Senatorial District in the 8th Assembly, allegedly imported the hard drug into the USA.

    “In his capacity as the head of a large drug smuggling syndicate operating in Africa, Asia, Europe and America at the period,” the NDLEA said.

    In a fresh 54-paragraph counter affidavit filed at the court to oppose the innocence of the Senator, the NDLEA averred that Kashamu was indicted for hard drug offences in the USA.

    “But he escaped while his alleged co-offenders were arrested, prosecuted and sentenced to various terms of imprisonment in America.

    “The counter affidavit is in respect of the fresh suit marked FHC/ABJ/CS/536/2018 instituted by Kashamu and dated Oct. 16, 2018.

    “The affidavit deposed to by one Shehu Mohammed, a litigation officer with NDLEA and cited in Court explains that following Kashamu’s escape, the USA government in 2015 dispatched to Nigerian government a request for his extradition,”the NDLEA furhter said.

    NDLEA insisted that there was a valid and subsisting indictment against him in the United State’s District of Illinois, Eastern Division supported also with valid order for the arrest of the serving senator.

    The affidavit read in part “The applicant Mr Buruji Kashamu, is alleged to have violated Narcotic Laws of the USA by conspiring to import heroin into the country.

    “Heroin is a schedule 1 narcotic controlled substance under the laws of the USA.

    “There is valid and subsisting indictment against the applicant, Buruji Kashamu in the United States’ District of Illinois, Eastern Division.

    “On March 16, 1994, the applicant was charged in the USA/Buruji Kashamu, among others No. 94 CR 172 following the seizure of 6.6 Kilogrammes of heroin alleged to emanate from him.

    “The applicant Buruji Kashamu was further charged with a second superseding indictment filed on May 21, 1998, for conspiracy to import heroin into USA, following repeated seizures of heroin similarly alleged to be emanating from him.

    “A copy of the second superseding indictment and Arrest warrant for the fugitive issued by the United States District Court, Northern District of Illinois is contained in Exhibit NDLEA 1.

    “That contrary to his depositions, the applicant has never been exonerated of any drug or related offence by any court of Nigeria, the United States of America (USA) of the United Kingdom (UK).

    “That the paragraphs of the applicant’s affidavit that talk of exoneration of crime/charges of illicit traffic in narcotic drugs are false.

    “That contrary to his depositions, the decision of the British Courts did not exonerate the applicant of any of the charges for drugs and related offences pending in the USA.

    “That the two judgments of the British Courts were decided on technicalities based on the laws of the UK.

    “They did not go into the merits of the extradition charges relating to conspiracy and illicit traffic in narcotic drugs in the USA.

    “That the judgment of the High Court of Justice (Queens Bench Division) in suit CO/2141/2000 delivered on Oct. 6, 2000, was decided on an application for the exercise of the court’s prerogative writ.

    “This to quash the committal order of the Metropolitan Magistrate on the grounds of suppression of vital facts in the Examination Request of the United States of America (USA).

    “That the decision of the Bow Street Magistrate Court that carried out a further inquisition into the Extradition Request of the USA merely discharged the applicant on the impugned credibility of the identification witnesses.

    “That contrary to his depositions, the two magistrates of both the Metropolitan and Bow Street found as of fact that extraditable offences have been committed to justify the extradition of the applicant.

    “That the claims of the applicant are unsubstantiated and should be dismissed with substantial cost, ” the NDLEA said.

    However, NDLEA urged the court to dismiss the fresh suit on the ground that it constituted gross abuse of court process with falsification of facts in the judgments by London and American Courts.

    News Agency of Nigeria (NAN), reports that Abang, sitting at the Lagos division of the Federal High Court, had in 2015, in two separate judgments, barred the Federal Government from extraditing Kashamu.

    The two judgments were however on May 4, quashed and set aside by the Court of Appeal on the ground that they were based on hearsay evidence and suppression of facts by Kashamu.

    The Senator has since approached the Supreme Court to challenge the decision of the Court of Appeal which cleared the coast for the Federal Government to extradite him to the U. S.

  • Extradition: Court fines Kashamu for delaying suit against DSS, NDLEA

    The Federal High Court in Lagos yesterday ordered Senator Buruji Kashamu to pay N50,000 cost each to the Department of State Services (DSS) Director-General and the National Drug law Enforcement Agency (NDLEA).

    Justice Chukwujekwu Aneke awarded the punitive cost against him for delaying his suit against them and others.

    Kashamu is seeking to stop his extradition to the United States of America (U.S.A) over drug-related charges.

    The Inspector General of Police (IGP), Commissioner of Police, Lagos Police Command and the Attorney General of the Federation (AGF) are the other respondents.

    The senator representing Ogun East is praying the court to restrain the respondents and their agents from arresting, detaining him or interfering with his right to personal liberty and freedom of movement.

    Yesterday, Kashamu’s lawyer Mrs Ifeoma Esom was absent.

    She sought an adjournment on the suit through a letter to the court, saying she had another matter at the Court of Appeal.

    Counsel to DSS, Mr O. Bajela and J. N. Sunday (for NDLEA) noted that the case had been adjourned severally at the plaintiff’s instance.

    They asked for N100,000 and N200,000 costs against the plaintiff.

    Justice Aneke awarded them N50,000 each.

    The judge had taken arguments in the suit and had reserved judgment until April 29.

    But judgment could not be delivered that day as the period fell within the Easter vacation, and the court did not sit.

    The matter was adjourned till May 10 but could not hold due to a fresh issue raised by the plaintiff.

    In a supporting affidavit, the applicant averred that the AGF was reported to have said that the U.S. Government had been told to make a fresh request for Kashamu’s extradition.

    He averred that in a proceeding instituted in England by the U.S. authorities between 2002 and 2003, it was established that the senator was not the one implicated in the alleged narcotics offence committed in the U.S. in 1994.

    But, the NDLEA, in a preliminary objection, said U.S. authorities were seeking to extradite Kashamu to answer charges relating to heroine trafficking.

    According to NDLEA, the U.S. Government made a request to the Nigerian government for the applicant to be extradited in May 2015.

    “By the established principles of international law, and our domestic Extradition Act, Nigeria is under obligation to inquire into all extradition requests of countries with which it has extradition treaties with a view to determining whether there is a basis for granting such requests.

    “This process of inquiry will involve the adjudicatory processes of the courts, including the appeal process by an aggrieved party.

    “The claims of the applicant of any exoneration or lack of evidence of wrongdoing are to be ventilated at the court inquiring into the extradition request,” NDLEA said.

    NDLEA debunked Kashamu’s claim that he had been cleared of drug trafficking allegations.

    “The applicant has never been exonerated of complicity of any crime by any court either in Nigeria, the United States of America or the United Kingdom,” the agency said.

    NDLEA said Kashamu got wind of the extradition request and filed multiple lawsuits on the matter.

    It averred that in all the lawsuits, Kashamu sought a restraining order against it from arresting and extraditing him to the U.S.

    The agency said the senator’s suit and others were intended to stop it from discharging its duties.

    Besides, NDLEA said it had not received any directive to arrest Kashamu over the extradition request.

    “The existence of such directive, order or instruction is a ruse fabricated by the applicant to justify and sustain this suit,” the agency added.

    Justice Aneke adjourned until October 31 for hearing.

  • Magu meets UK authorities, commences Diezani’s extradition process

    The acting Chairman of the Economic and Financial Crimes Commission, Mr. Ibrahim Magu, has met with National Crime Agency in the United Kingdom to kick-start the process of extraditing a former Minister of Petroleum Resources, Diezani Alison-Madueke.

    The EFCC said in a statement that Magu met with the UK official on Thursday to also discuss the efforts of the commission in the recovery of all ill-gotten assets domiciled in foreign jurisdiction by Nigeria’s Politically Exposed Persons.

    “Outside the recovery of assets, the EFCC boss in the course of the high power meeting with officials of the NCA will also present the commission’s position on ways to fast-track the extradition of all PEPs who have found safe havens in foreign jurisdiction,” the statement read in part.

    Magu had explained why the anti-graft agency is bent on extraditing all PEPs.

    “For instance, speaking on the former minister of Petroleum Resources, Mrs Deziani Alison-Madueke, whose process of extradition from the UK has commenced, Magu explained that having waited for three years, the Nigerian government believes that it is time to initiate the extradition process,” the statement added.

    The EFCC said apart from Diezani, there were several other politically exposed persons who have fled the country 2015 when the current administration of President Muhammadu Buhari came on board in May 2015.

    It would be recalled that in 2017, a Federal High Court in Lagos ordered the final forfeiture of N7.6 billion alleged loot recovered by the Commission from the Diezani. The order of final forfeiture to the Federal Government.

     

  • Extradition: Kashamu heads to S’Court, seeks overturn of A’Court ruling

    The senator representing Ogun East Senatorial District, Mr. Buruji Kashamu, has headed for the Supreme Court seeking to overturn last Friday’s judgment of the Court of Appeal, which reversed a restraining order that he secured in 2015 against the Attorney General of the Federation and several law enforcement agencies in the country.

    Kashamu had in 2015 secured a judgment of the Federal High Court in Lagos restraining the AGF and others from “abducting” him and forcefully “transporting” him to the United States of America to stand trial over alleged drug offences before Judge Norgle.

    The senator had then, through his lawyer, Mr. Ajibola Oluyede, told Justice Okon Abang that he had uncovered a plot by his political enemies to manipulate law enforcement agencies in the country to abduct and transport him to the US.

    Justice Abang, in a May 27, 2015 judgment, restrained all the defendants in the suit, including the National Drug Law Enforcement Agency from abducting and transporting Kashamu to the US, holding that he had been exonerated of the alleged crime.

    But following an appeal by the AGF, the Court of Appeal, Lagos Division, in a lead judgment by Justice Nimpar Yagarta on Friday, overturned Justice Abang’s judgment.

    The appellate court ruled that Kashamu’s claim of a plot to abduct him was speculative and inadmissible in the face of the provisions of the Evidence Act.

    Displeased with the judgment, the senator, through his lawyers has, therefore, headed for the Supreme Court, seeking the apex court’s intervention.

    In the notice of appeal, his counsel insisted that Kashamu’s affidavit before the Court of Appeal was full of facts showing the conclusion of a plot by the AGF and others to abduct and transport him to the US to face trial over alleged offences in respect of which he had been exonerated.

    The counsel contended that the appellate court was wrong for holding that Kashamu ought to have waited for the alleged plot to be hatched before approaching the court to seek redress.

    “There was uncontroverted evidence before the lower court that in 2000, during the Presidency of Olusegun Obasanjo, an illegal abduction was carried out against a Nigerian citizen with the assistance of government officials and with the consent of the said President Olusegun Obasanjo.

    “The lower court was wrong in failing to see that all the information that was available to the appellant was enough to justify an apprehension of likelihood of breach of his fundamental right to liberty through his abduction by the respondents and transportation to the USA,” Kashamu’s lawyers contended.

  • BREAKING: Appeal Court reserves ruling on Kashamu’s extradition

    BREAKING: Appeal Court reserves ruling on Kashamu’s extradition

    The Court of Appeal, Lagos Division, has reserved judgment in the appeal filed by the Federal Government seeking the extradition of the senator representing Ogun East, Buruji Kashamu, to the United States of America.

    The Federal Government claimed to have received a request by the US Government to deliver Kashamu up for prosecution for his alleged role in an illicit drug deal in the US.

    But Kashamu had, in 2015, secured two separate judgments by Justices Okon Abang and Ibrahim Buba of the Federal High Court restraining the Federal Government from delivering the senator to the US.

    But the Attorney General of the Federation approached the Court of Appeal seeking to overturn the judgments of Justices Abang and Buba, to pave the way for Kashamu’s extradition.

    Counsel for the AGF, Emeka Ngige (SAN), told the appellate court on Thursday that Kashamu concealed material facts before Justices Abang and Buba, where he obtained restraining orders against the Federal Government.

    According to him, Kashamu’s suits, which were decided by Justices Abang and Buba, were based on mere hearsay, contending that the two lower court judges miscarried justice.

    He claimed that Justices Abang and Buba failed to evaluate the documentary evidence placed before them before giving their verdicts.

    Ngige urged the three-man Appeal Court panel, presided over by Justice Joseph Ikhegh, to overturn the two judgments and give force to Kashamu’s extradition.

    But he was opposed by Kashamu’s lawyer, Lateef Fagbemi (SAN), who insisted that the decisions by the high court judges were in order.

    Fagbemi urged the court to dismiss the Federal Government’s appeal.

    The court, after the parties had argued and adopted their written addresses, reserved judgment in the appeal till a date to be communicated to the parties.

  • Court fixes March 8 for hearing on Kashamu’s extradition

    The Court of Appeal has fixed March 8 for the adoption of final argument in the extradition suit involving Senator Buruji Kashamu (PDP, Ogun).

    The Federal Government is seeking an order of the court to extradite the serving senator to the United States of America for trial in an alleged drug related offence.

    The court fixed the date for the adoption of final argument after regularizing the processes filed by the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) out of time.

    Kashamu’s legal team led by Lateef Fagbemi (SAN) had objected to adoption of the final argument at the last adjourned date on the ground that the reply brief of the Federal Government was not served on time granted by the court.

    Emeka Ngige (SAN) who led the Federal Government legal team admitted that the reply brief was filed out of time but applied to the Justice Joseph Ikhegh-led three man panel for regularization of the reply brief, an application which was granted.

    Consequently, Thursday, March 8 was fixed for definite hearing of the appeal after which a date would be fixed for judgement.

  • Kashamu fires back at US Court, says no extradition case against me anywhere

    Kashamu fires back at US Court, says no extradition case against me anywhere

    The Senator representing Ogun East senatorial district, Kashamu Buruji, has said that there was no case of extradition against him anywhere in the world.

    TheNewsGuru.com recalls that Kashamu’s response is coming after a US court on Thursday, upheld the trafficking case against him and ordered him to be extradited.

    In a statement, Kashamu said: “two British courts had adjudicated upon the case and found that it was a case of mistaken identity.

    “I asked my lawyers in the US to file the suit when I got wind of an evil plot to abduct me in 2015 which later happened between the 23rd and 28th of May, 2015, until there was a judicial intervention which ordered the US officials and their local collaborators out of my Lagos residence.

    “It should be noted that there is no extradition proceedings against me anywhere in the world. The last one they purportedly brought after the siege to my residence was dismissed by the Federal High Court, Abuja, on the 1st of July, 2015.

    “So, the wicked interpretation that the latest ruling which was based on a suit I instituted against my abduction has set the tone for my extradition is totally unfounded, vexatious and malicious,” he stated.

    Kashamu also claimed that he had won the extradition proceedings against him in London twice, so he could not be tried again.

    “Any other purported extradition proceedings or abduction is illegal. I am not afraid of anything because I know my rights under the law,” he concluded.