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Saturday, June 20, 2015

UK courts didn’t exonerate Kashamu – AGF

Buruji Kashamu
Buruji Kashamu
The Federal Government, yesterday, faulted claims by the Inspector General of Police, Solomon Arase, that two United Kingdom courts exonerated the Senator representing Ogun East Senatorial District, Buruji Kashamu of complicity on illicit drug trade, describing it as not only untrue, but also misleading.

Arase, had in a statement in Abuja Thursday, insisted that from inquiry made by the police to the UK government and the reply it got, Kashamu had been prosecuted before a London court, which found nothing against him (Kashamu).
Kashamu was arrested, tried in uk criminal court- police Arase’s statement signed by the Police Force Public Relations Officer, Police Commissioner, Emmanuel Ojukwu read, “The attention of the Nigeria Police Force has been drawn to a publication on June 18, 2015, concerning the extradition battles of Prince Buruji Kashamu with the NDLEA.
“For the records, the chambers of TRLP Law, acting on behalf of Prince Buruji Kashamu, had on April 14, 2015 written the Nigeria Police Force concerning the status of Prince Kashamu’s legal battles in the United Kingdom and United States, following which the Nigeria Police sought relevant clarifications from the British High Commission.
“The authorities of the British High Commission confirmed on April 27, 2015, through a letter to the Inspector-General of Police, that Prince Kashamu was indeed arrested and tried in the United Kingdom criminal court, but that the court was not satisfied that Prince Kashamu had a case to answer.
“However, for the avoidance of doubt, the British High Commission’s letter in question did not derogate from the extradition request by the US authority pending with relevant departments and agencies of government in Nigeria.”
But, Counsel to the Attorney General of the Federation, AGF, who spoke on a contempt charge filed by Kashamu over alleged disobedience of court order, Chief Emeka Ngige, SAN, said the claim that UK courts exonerated him, was aimed at achieving some sinister motives. The government also appealed another order issued on June 8 by Justice Ibrahim Buba, also of the Federal High Court in Lagos.
The order restrained the Federal Government and the National Drug Law Enforcement Agency from taking further steps to extradite Mr. Kashamu to the U.S., pending the hearing and determination of Mr. Kashamu’s contempt application against the Attorney-General of the Federation and the NDLEA boss.
The Federal Government had appealed the judgement delivered by Justice Okon Abang of the Federal High Court, Lagos, on May 27, upholding the fundamental human rights enforcement suit filed by Buruji Kashamu.
The government also appealed another order issued on June 8 by Justice Ibrahim Buba, also of the Federal High Court in Lagos.
The order restrained the Federal Government and the National Drug Law Enforcement Agency from taking further steps to extradite Mr. Kashamu to the U.S., pending the hearing and determination of Mr. Kashamu’s contempt application against the Attorney-General of the Federation and the NDLEA boss.
When the matter came up yesterday before Justice Buba, Ngige, told the court that he had been briefed by the Office of the Attorney-General of the Federation to handle the matter, adding that the case of an appeal against the ruling of the court made on June 8.
He further drew the court’s attention to an application to stay further proceedings on the matter, pending the determination of the case at the Court of Appeal.
But in his response, Counsel to Mr. Kashamu, Ajibola Oluyede, said the application by Mr. Ngige amounted to an ambush on the contempt proceedings.
Mr. Oluyede said apart from the fact that he had not been served with the motion for a Stay of Proceedings, it was also important for the court to determine whether it could hear a party that had refused to obey a court order in respect of such application.
In his brief ruling, Justice Buba said that in view of the prevailing circumstances, he would adjourn the matter to enable all the processes to be properly placed before him.
He, however, assured that justice would be done expeditiously.
The matter was then adjourned till June 22, for hearing.
In the appeal against the June 8 ruling, the AGF contended that Justice Buba erred when he restrained the security agencies from taking steps to extradite Mr. Kashamu, a Senator representing Ogun east in the Nigerian Senate, which is the subject of another suit before the Federal High Court in Abuja.
The AGF said Mr. Buba ought to have dismissed the matter, as the judge could not exercise supervisory role over another Federal High Court, which was a court of coordinate jurisdiction.
“The court cannot fetter the hands of security or prosecuting agencies in the lawful discharge of their functions,” the AGF argued.
In the appeal against Justice Abang’s judgment, the AGF submitted that from a careful scrutiny of the case, it was clear that the lower court aided Mr. Kashamu to abuse the processes of the court.
Speaking with newsmen at the Federal High Court in Lagos after the matter was adjourned, Ngige said contrary to widespread belief, Kashamu was not exonerated by the British courts.
He said that Kashamu was not tried in the United Kingdom over the drug crime, but only faced extradition proceedings.
“You see, that is the misleading aspect of the whole thing. Kashamu was not tried before the British Courts. He only went through extradition proceedings and the extradition application failed based on the facts before the court.
“Now, that does not and cannot constitute a bar on further extradition proceedings or trial for drug crime in any other country or other courts,” Ngige said.
Meanwhile, the Federal Government has appealed the judgement delivered by Justice Okon Abang on May 27, 2015 upholding the fundamental human rights enforcement suit by Kashamu, quashing the extradition proceedings initiated against Kashamu by the AGF and National Drug Law Enforcement Agency, NDLEA.
The government also appealed another order issued on June 8, 2015 by Justice Ibrahim Buba also of the Federal High Court, Lagos, restraining the NDLEA from taking further steps on Kashamu’s extradition to the United States pending the hearing and determination of his contempt application against AGF and NDLEA.
When the matter came up before Justice Buba, Ngige told the court that he had been briefed by the office of the AGF to handle the matter, adding that an appeal against the ruling of the court made on June 8 had been filed.

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