Extradition: No respite yet for Kashamu

He has sought refuge in the court with his lawyers to convince the court that he knew nothing of the charges and should be allowed to walk as a free man. But his prosecutors felt the embattled Kashamu’s story should be told to the marines.The Nigeria Drug Law Enforcement Agency (NDLEA), maintained that Kashamu had […]

He has sought refuge in the court with his lawyers to convince the court that he knew nothing of the charges and should be allowed to walk as a free man. But his prosecutors felt the embattled Kashamu’s story should be told to the marines.
The Nigeria Drug Law Enforcement Agency (NDLEA), maintained that Kashamu had been a target of both the US Drug Enforcement Administration (DEA) and Immigration and Customs Enforcement (ICE) of the Department of Homeland Security (DHS) for over 20 years and was indicted in the Northern District of Illinois, United States on charges brought against him by the ICE.
Kashamu, who US court documents allege was known in his days as the leader of a prolific heroin trafficking ring based in Chicago, Illinois as “God,” “Daddy,” and “Kasmal,” is wanted to stand trial on charges of conspiracy and importation of controlled substances, namely heroin, into the United States dating back to 1994.
Kashamu, who holds dual Nigerian/Beninese citizenship, according to the agency, has taken multiple preemptive actions to thwart US extradition efforts, such as making counter claims that his is a case of mistaken identity, and that his deceased brother is responsible for the crimes he is being sought for in the United States.
The agency said Kashamu filed injunctions in federal courts both in the Northern District of Illinois, United States and in Nigeria to prevent his arrest and prosecution, adding that at the time of his arrest, NDLEA officers allowed Kashamu’s legal attorneys – Daniel Onamusi and Barrister Oloyede – and close family members including his wife and adult daughters to speak with him and attest to his well-being.
Two court orders had penultimate week prevented the officials of the Nigeria Police Force (NPF) and the National Drug Law Enforcement Agency (NDLEA) from arresting the loyalist of the former president, Goodluck Ebele Jonathan, and extraditing him to face trial.
In fact, the anti- narcotics agency laid siege at the residence of Kashamu a day after Justice Ibrahim Buba had ordered that the agents of the agency should vacate it on the ground that their action was illegal.
The agency later vacated the embattled Kashamu’s residence, but not without describing Justice Buba’s order as inconsequential and diversionary, insisting that it is only executing its statutory responsibilities.
The agency then proceeded to formally serve the senator-elect for Ogun East Senatorial District, Buruji Kashamu, a notice by the United States government demanding his extradition for drug trafficking offences.
It said the service was made on June 1 in suit number FHC/ABJ/CS/479/2015 with a copy made available to the Chief Judge of the Federal High Court.
The agency has approached the Federal High Court in Lagos to strike out the order restraining it from arresting senator-elect, Buruji Kashamu, insisting that it lacked merit.
A Federal High Court sitting in Lagos has ordered operatives of NDLEA to vacate the Lekki Phase 1 residence of the embattled senator-elect.
Specifically, it  filed a motion on notice pursuant to Order 26 rules 2(1), order 32 rule 1 and 4 (1) of the Federal High Court Civil Procedure Rules 2009, Section 36 of the Constitution of the Federal Republic of Nigeria 1999 as amended and under the inherent jurisdiction of the court.
It is seeking an order setting aside the ruling and or order(s) of the court delivered by Justice I. N. Buba on May 26, 2015 having been made on erroneous facts in the absence of the applicant/2nd respondent.
“NDLEA is also seeking an order striking out the originating processes being incompetent as it relates to the 2nd respondent.
“In addition, the agency wants a stay of further proceedings relating to the contempt charge against the applicant/2nd respondent as same has not been served and further order(s) as the honourable court may deem fit to make in the circumstance.
“The grounds of the application are that there is a valid request for extradition of the respondent/applicant to the United States of America to face trial over conspiracy and unlawful importation of heroin into the United States of America,” it added.
It further noted that there is a valid and subsisting Provisional Warrant of Arrest issued on the respondent/applicant.
The agency insisted that in the suit, the court was moved to make an order directing the applicant/2nd respondent to withdraw from the residence of the respondent/applicant, that it was heard in contravention of the right of the applicant/2nd respondent to be heard in the matter as he was never given the opportunity to defend himself.
“The applicant/2nd respondent was never served any processes in the suit leading to the ruling directing it to vacate the premises of the respondent/applicant.
“The course of action in which a status quo was ordered by the Honourable Justices Abang and I. N. Buba is different from the ongoing activities in connection with the extradition processes under the Extradition Act Cap E25LFN 2004 as amended. The applicant/2nd respondent was never a party to suit No. “FHC/L/CS/508/2015 then pending before His Lordship Honourable Justice O. E Abang as was therefore not the subject of any previous order of the said Justice O. E. Abang. The Order of Honourable Justice I. N. Buba was procured based on facts misrepresented by the respondent/applicant before the Honourable Court.’’
But last Wednesday, Kashamu’s counsel, R. A. Oluyede, reiterated the need for the court to stop former Attorney General of the Federation, Mohammed Adoke, and the NDLEA Chairman, Ahmadu Giade, from extraditing his client to the US to answer drug related charges.
He prayed the court to make additional orders to bring back sanity to the operations of the respondents, adding that the motion filed by the NDLEA was of no relevance as it had been overtaken by events.
He urged the court to declare the fresh move by the respondents to commence extradition proceedings against his client on the strength of the existing verdict of the court restraining them from doing so as illegal.
He also prayed the court to nullify any warrant of arrest that might have been obtained through any source in an attempt to extradite the senator-elect.
He further sought an order directing the Inspector General of Police to provide police security to protect his client from any attempt on his life by the respondents.
But Justice Ibrahim Buba didn’t grant additional requests by counsel to Kashamu as he rather implored parties in the suit to maintain status quo ante bellum.
The court in the meantime has fixed June 19 to hear pending applications relating to an attempt to extradite Kashamu to the US to tell the authorities there all that he knew about the drug trafficking offence slammed on him 21 years ago.
There is no doubt that there is no respite yet for the embattled senator-elect in the attempt to tell the world he was ignorant of the drug trafficking charges. He needs more than good luck to extricate himself from the law enforcement agents in Nigeria, whose target is to get him arrested and extradited to face the music.