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Tag: extradition

  • Extradition: EFCC submits Interpol, other documents on Diezani to AGF

    Documents for former Petroleum Resources Minister Mrs. Diezani Alison-Madueke’s extradition has been submitted to the Attorney-Attorney-General of the Federation, Mr. Abubakar Malami (SAN).

    Besides a comprehensive investigative  report on the ex-minister, the Economic and Financial Crimes Commission (EFCC) the document included a Red Alert watch-list by the International Police Organization (INTERPOL), and court judgments on the forfeiture of some prime assets by Mrs.  Alison-Madueke.

    According to a source, who spoke in confidence with our correspondent, the extradition process would soon begin.

    The source said: “ We are hastening up the process for the extradition of the ex-minister of Petroleum Resources from the United Kingdom. The EFCC has made the extradition a priority goal in 2019.

    “We have submitted documents to the AGF, including investigative report, court judgments on forfeiture of assets by Diezani and his assets, judicial decisions on some of his co-accused persons, and the INTERPOL alert on her.

    “She has finally forfeited some prized assets. The  assets lost to the Federal Government by the ex-Minister include a multi-storey building in Banana Island Foreshore Estate in Ikoyi, Lagos; a real estate comprising six flats in Ikoyi and an estate of 21 mixed housing in Yaba, Lagos.

    “Many properties allegedly linked with Diezani have also been placed under interim forfeiture by the anti-graft commission

    “ All is set for her extradition from the United Kingdom. It is left to the AGF, who is constitutionally empowered to see the extradition process through.”

    The source added: “ We have fulfilled the conditions precedent to bring her back home for trial.

    ”The extradition of the ex-minister is on our  priority list for the year. “

    “ This commission has also filed before the Apo Division of the High Court of the Federal Capital Territory five charges  of conspiracy and illegal act of accepting and giving gratifications against Alison-Madueke and a co-defendant, Mr. Jide Omokore, who is a former Chairman of Atlantic Energy Drilling Company.”

    Justice Valentine Ashi on December 3, 2018, granted leave to the EFCC to arraign the two defendants.

    “ On December 4, the court granted an ex parte application by the EFCC and  issued an arrest warrant against Alison-Madueke,  to enable the police and other security agencies to arrest her within 72 hours.”

  • Extradition: Court orders AGF, NDLEA not to take steps against Kashamu

    A FEDERAL High Court in Abuja has ordered the Attorney General of the Federation (AGF) and the National Drug Law Enforcement Agency (NDLEA) not to take any further steps in their alleged renewed plot to extradite Senator Buruji Kashamu to the United States (U.S.).

    Justice Babatunde Quadri gave the order yesterday while ruling on an ex-parte application filed by Kashamu, which was argued by his lawyer, J. O. Odubela (SAN).

    Justice Quadri particularly ordered parties to maintain status quo pending the determination of the substantive suit filed by Kashamu.

    The judge also granted the applicant leave to serve processes in relation to the suit, including the originating summons on NDLEA outside the jurisdiction of the court at 4 Shaw Road, Ikoyi, Lagos.

    Odubela had, while arguing the application, said his client resorted to seeking the court’s protection upon being informed that the respondents have renewed plans to extradite his client to the U.S.

    He said the applicant has been able to establish that, if the court did not intervene and protect him, by restraining the defendants from abducting, arresting or detaining him with the intention to extradite him, his rights would have been breached before the hearing of his substantive suit.

    Odubela added: “We have showed that the applicant had even been tried in England and exonerated. Our contention is whether, in view of the judgment of the court in England, the Federal Government or any of its agencies can still request the U.S. to file a fresh request for the extradition of the applicant.”

    Upon enquiry from the court, Odubela said the Court of Appeal gave judgment on May 4 this year and reversed the judgment by the Federal High Court, Lagos, prohibiting Kashamu’s extradition.

    He said the Court of Appeal, in reversing the judgement, noted that there was no evidence that the AGF and NDLEA were taking steps to effect his extradition as at when the judgment was given.

    Odubela added: “We have also appealed to the Supreme Court and filed a motion for injunction. Despite that, they (the defendants) have gone ahead to tell the U.S. government that the case on the matter is over and that they can make fresh request for his extradition.”

    He said now, there are actual evidence of steps being taken by the defendants to extradite the applicant.

    Odubela tendered a certified true copy of Punch newspaper of May 13, where it was reported that Federal Government has demanded for fresh U.S. request for the applicant’s extradition.

    He added that two days after the judgment of the Appeal Court, an official of the NDLEA, Shehu Abubakar, told his client that plans were at advance stage to have him arrested and taken to the U.S. within a week.

    Justice Quadri ordered parties to maintain status quo pending the determination of the substantive suit in line with the doctrine of lis pendens.

    He adjourned to September 24 for the hearing of the substantive suit.

     

     

  • Turkey’s coup: death of extradition request 

    SIR: Since the July 15, 2016,  failed coup in Turkey, politics in that country has assumed a  chilling dimension, with the President Recep Tayyip Erdogan-led  Justice and Development Party (AK Party), capitalising on every possible opportunity to nail perceived enemies and trample on the rights of a significant number of Turks, in more than a warlike, menacing manner.

    But the move by Erdogan, and his co-travellers in the ruling AK Party, to further take this persecution to foreign lands without minding international borders, and the sovereignty of other countries, appears to have hit a unshakeable brick wall. This is not unconnected with the Turkish government’s recent quest to willy-nilly extradite, from the United States, the highly respected Turkish cleric, Fethullah Gulen.

    That move has apparently now fallen like a pack of cards and literally suffered its well-deserved death as the Intelligence Committee of the United States (US) Congress has dismissed the claims upon which the extradition is being sourced.

    Gulen is the Pennsylvania-based moderate Sunni cleric the Turkish government accuses of masterminding the failed July 15 coup, despite having no concrete evidence linking him to the aborted coup.

    Over the past few months, Turkey has been mounting pointless pressures on the US authorities to extradite Gulen, even as it continued to clamp down on members of the Gulen-inspired Hizmet Movement, which the Turkish government now brands as Fethullah Gulen Terror Organisation. Thousands of perceived sympathisers of Hizmet Movement, and other right activists, now languish in various prisons cells without trial, while many more have been forced out of government jobs.

    Erdogan has not stopped there.  Scores of charity organisations, universities, businesses, media organisations, among others, linked to Gulen or Hizmet Movement, have been shut down by the authoritarian Turkish leader, who is now seeking more dictatorial powers, in the executive presidency referendum scheduled for April this year.  Despite the condemnations that continue to trail his undemocratic actions from far and near, especially the European Union (EU) into which the country seeks membership, the Turkish president appears to be more ruthless and highly obsessed by his ill-conceived quest to humiliate and extradite Gulen, by using the failed coup as a smokescreen.

    But Devin Nunes, chairman of the powerful Intelligence Committee of the US Congress, in an interview on Chris Wallace’s “Fox News Sunday”, aired on FOXTV recently, made some important remarks about Gulen’s extradition quest and his alleged involvement in the failed coup.

    Nunes, a member of the Republican Party and a close ally of President Donald Trump, did not mince any words in the interview when he made it clear that there was no evidence linking Gulen to the failed coup. “I haven’t seen evidence that Gulen was involved in the failed coup,” he said.

    The Head of German Intelligence Agency (BND), Bruno Kahl, in an interview published recently, also believes that there is no serious evidence linking Gulen to the failed coup.

    Despite these near foolproof views from Germany and US, Erdogan, in a clear case of a man afraid of his own shadow, is bent on using underhand tactics to get Gulen extradited. The Turkish government was allegedly said to have recently   engaged some individuals and firms using third party in US to help in lobbying for the extradition of Gulen and also spy on businesses associated with the cleric. Though it is hardly surprising that the Turkish government would engage Washington DC lobbyists to help out in its case to extradite Gulen, in order to score cheap political point, what is clear is that the United States will not stoop so low to allow for the unwarranted extradition of Gulen under any guise, knowing full well the present nauseating human rights abuses and authoritarian credentials of Erdogan.

     

    • Abdulraman Sadik,

    Kaduna

  • Appeal Court okays ex-NSPM boss Okoyomon’s extradition to UK

    Appeal Court okays ex-NSPM boss Okoyomon’s extradition to UK

    There is no respite yet for detained former Managing Director and Chief Executive Officer (CEO) of the Nigerian Security Printing and Minting Company (NSPM), Emmanuel Okoyomon as the Court of Appeal, Abuja has dismissed the appeal he filed against May 4, 2015 judgment of the Federal High Court, Abuja granting the Federal Government’s request to extradite him to the United Kingdom (UK).

    Okoyomon is to be extradited to face trial in the UK where he has been accused of complicity in the bribery allegation, involving officials of Central Bank of Nigeria (CBN NSPM and Securency International Pty of Australia between 2006 and 2008. Okoyomon is currently being held at the Kuje prison in Abuja.

    A three-man panel of the Court of Appeal, in a unanimous judgment on June 6 this year, dismissed the appeal filed for Okoyomon by his lawyer, Alex Iziyon (SAN), and upheld the decision by the trial court, which confirmed the position argued by lawyer to the state, Pius Ukeyima Akutah.

    The appellate court, which resolved three out of the four questions determined against him,  held that, as against Okoyonmon’s contention, Nigeria has an obligation under the London Scheme for Extradition, within the Commonwealth, to extradite a person sought in respect of an extradition offence to another Commonwealth country.

    “This provision is substantially supported by the provisions of sections 1 and 2 of the Extradition Act 2004. The lower court was right to have acted the way it did so as to avoid a situation whereby Nigeria could breach its obligations to threshold Commonwealth country, the UK.

    “The provisions of the London Scheme for Extradition within the Commonwealth have been substantially enacted into law in Nigeria.

    “The learned trial judge, in my humble view, rightly held that the respondent (the Attorney General of the Federation) made out a case why the application should be granted, while the appellant failed, by his defence, to convince the court why the application should be refused.

    “The resolution of issue No.3 in favour of the appellant the appellant would not affect the final outcome of this appeal. This is so because the appellant has not shown how the failure to hear him on the point raised suo motu ( on his own) by the trial judge, on whether or not he is a British citizen, has occasioned any miscarriage of justice.

    “The law is that to warrant an appeal court’s reversal of a lower court’s decision, the appellant must show that the failure to hear him on the point raised and resolved suo motu occasioned a miscarriage of justice.

    “In this case, whether or not the appellant is a Britich citizen did not affect the merits of this application for an order for his extradition, which the trial court rightly found to be meritorious based on the facts supplied by the applicant (respondent in the appeal).

    “Since the threshold issues in this appeal have been resolved against the appellant, this appeal ought to be dismissed. Accordingly, this appeal is hereby dismissed,” Justice Moore Ademein said in the lead judgment.

    Other members of the panel, Justice Abdu Aboki and Justice Mohammed Mustapha agreed with Justice Adumein’s reasoning in the lead judgment

  • Extradition: Anxiety grips PDP chieftains, others

    Extradition: Anxiety grips PDP chieftains, others

    •Obanikoro will seek legal protection – Associate
    •PDP group faults move

    Prominent leaders and members of the Peoples Democratic Party (PDP) have been hit by anxiety following reports that some  chieftains of the opposition party may be extradited home to come and face trial for alleged corruption.

    President Muhammadu Buhari is expected to join about 59 other world leaders in London later this month to sign an agreement to check stealing of public funds by government officials.

    Sources say he will use the opportunity to seek the extradition of some ex-government officials and PDP chieftains who are currently residing abroad to come and answer questions about their role in the Jonathan administration.

    Such include   the immediate past  Comptroller-General of Customs, Abdullahi Dikko; ex-Minister of State for Defence, Musiliu Obanikoro;  ex-Petroleum Minister, Mrs. Diezani Alison-Madueke; and  former National Chairman of the Peoples Democratic Party, Alhaji Adamu Mu’azu.

    Others are Diezani’s son, Ugonna; a former Chairman of the Pension Reform Task Force, Abdulrasheed Maina; ex-Senior Political Adviser to ex-President and Coordinator of Goodluck Support Group, Prof.  Rufai Alkali and immediate past Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Adoke, who is being allegedly investigated over $1.1bn Malabu Oil deal.

    A well placed source at the PDP National Secretariat, Abuja told The Nation that party chieftains have been making endless phone calls to the secretariat for information about the reported extradition plan of the presidency.

    “Although, nothing official has been said about the report, I can assure you that the leadership and chieftains of the PDP are aware of the development,” the source said.

    “On Friday, following the emergence of the report on the social media, several calls were made by prominent members and leaders of the party from all over the country to ask if the report is true and if the party was aware.

    “Discussion of the matter dominated our activities here on Friday. Many wanted to know how the party plans to respond to the move. But like I said, nothing official has been said about it because the report broke late on Friday and we are yet to discuss it.”

    The Nation also learnt that a meeting of prominent PDP chieftains may come up in Abuja tomorrow to discuss the report and how the party should react to it. Party leaders, chieftains and serving political office holders are expected to attend the parley which sources claimed was mooted last Friday.

    “I guess from discussions here on Friday that something like a stakeholders meeting may take place on Monday or thereabout to discuss the report. Many chieftains are worried by what they fear may be a renewed attempt to hunt down the opposition by the federal government.

    “Some of the people you and I know may be affected by an extradition agreement of the magnitude we read about are leading lights of the opposition. One can only wonder why such a move is necessary when the alleged corruption charges are already in various courts here in Nigeria,” another source, a party official from the South-south, said.

    The Nation also gathered that most of the PDP chieftains currently worrying their heads over the report are scared about the possible fall outs from the responses of the fleeing individuals when they are eventually questioned.

    “The anxiety within PDP is not just concerns over the well being of the affected persons, it goes beyond that. At a time when the party is trying to pick the pieces of its unceremonious exit from Aso Rock and move on in preparation for 2019, it is unhealthy for more details of our shoddy past to be exposed. And that is what will happen should the extradition happen.

    “Some of us continue to appeal to concerned persons who participated in the looting of the past to come forward willingly and negotiate with the authorities. That way, the scandalous effect on our party will be minimized.

    “But I don’t want to image the effect of what those expected to be extradited will say on PDP. Many more chieftains will be dragged into the net by the time these people open their mouth. And the sensationalism will further hurt our party,” a female PDP chieftain from Lagos State said.

    Meanwhile, a political associate of the former Minister for Defence, Musiliu Obanikoro, who pleaded for anonymity, has said the politician will not allow himself forced back home to be persecuted by the All Progressives Congress (APC) government.

    He said Obanikoro is innocent of the allegations being bandied against him and there is no way the plot to extradite him will succeed.

    He said: “In the first place, which of the numerous allegations against Koro (the former minister’s moniker) has been investigated and taken to a competent court of law? So, why do you expect him to surrender himself for extradition by the same government that is not hiding its readiness to nail him at all cost?

    “One thing we are happy about is that out there, there is a reliable legal system that can be exploited to ensure sanity. That is the solace we have and Koro will make adequate use of that opportunity. All you hear them say about him are mere slanderous attempts to get him at all cost. We will see how they will succeed,” the source, a former Council boss in Lagos State, said.

    A pressure group within the PDP, PDP Rebirth Project (RPP), has condemned reported plans by the federal government to seek the extradition of some leaders of the opposition party currently residing abroad. The group also urged world leaders to be wary of supporting any extradition request from the Buhari administration.

     

     

    The group, which is in the fore front of the agitation against the continued stay of Senator Alli Modu Sheriff as the national chairman of the party, in a statement in Abuja yesterday, said its decision to oppose the extradition move should not be seen as an obstruction of justice but a move to ensure that opposition figures are no longer persecuted.

    According to RPP, it is ironic that the affected PDP leaders have summarily been tried and found guilty by Buhari and his party without being arraigned before any competent court of law. Now, they want to bring them home to be punished according to the dictates of the ruling party.”

    Signed by its chairman and Secretary, Emma Wodu and Aderemi Coker, respectively, the statement noted further that “the PDP leaders Musiliu Obanikoro, Diezani Alison-Madueke, Adamu Mu’azu and Mohammed Adoke are not fugitives. If the government has any case against them, let such be taken before a court of law.”

     

  • Extradition: Court refuses bail request for ex-MINT boss

    Extradition: Court refuses bail request for ex-MINT boss

    Former Managing Director and Chief Executive Officer (CEO) of the Nigerian Security Printing and Minting Company (NSPM), Emmanuel Okoyomon lost Friday in a bid to regain freedom.

    The Court of Appeal in Abuja rejected his application for bail on the ground that it was unmeritorious.

    The appellate court however granted Okoyomon’s request for stay of execution of the judgement of the Federal High Court, Abuja directing the Federal Government to proceed with his extradition.

    The United Kingdom authorities are seeking Okoyomon’s extradition over corruption related offences.

    He is accused of complicity in the bribery allegation involving officials of Central Bank of Nigeria (CBN NSPM and Securency International Pty of Australia between 2006 and 2008.

    Justice Evoh Chukwu of the Federal High Court, Abuja had, in a ruling on May 4 this year, granted the extradition application by the Attorney General of the Federation (AGF).

    The judge ordered the Federal Government to ensure that Okoyomon was extradited within 30 days after the judgment.

    Okoymon appealed the decision, applied for stay of execution of the judgment and requested to be granted bail.

    The Court of Appeal, in its Friday ruling, upheld the respondent’s argument against Okayomon’s bail application.

    It proceeded to grant his prayer for stay of execution of the judgement pending the determination of the appeal.

  • Judge to rule on hearing of Kashamu’s extradition case

    Judge to rule on hearing of Kashamu’s extradition case

    Justice Gabriel Kolawole of the Federal High Court, Abuja has fixed July 1 for ruling on whether or not he could proceed with the extradition proceedings initiated against a chieftain of the Peoples Democratic Party, (PDP), Buruji Kashamu.

    The judge chose the date Thursday after listening to arguments from Muslim Hassan (representing the Attorney General of the Federation (AGF) and Ajibola Oluyede (for Kashamu) on the issue.

    At the commencement of proceedings Thursday, Hassan noted Kashamu’s absence in court and drew the judge’s attention to the development and sought the issuance of a warrant for his arrest.

    He argued that extradition proceedings, being a criminal one requires the presence of the respondent, against whom a charge was pending in the United States.

    Hasssan contended that the court could not take any step in the case until Kashamu was present.

    “This is a criminal case. We urge that a warrant of arrest be issued by virtue of Section 6 of the Extradition,” Hassan said.

    Hassan faulted the argument by Ajibola that the proceeding before the court was no longer necessary in view of two decisions by Justices Okon Abang and Ibrahim Buba of the Lagos division of the court nullifying the extradition proceedings.

    He insisted that the judges in Lagos lacked the powers to nullify proceedings before their brother judge when they do not have supervisory jurisdiction over the court in Abuja.

    He argued that the orders by the Lagos division were far reaching and should be set aside.

    Hassan noted that the cases on which the Lagos judges gave their decisions were in relation to Kashamu’s allegation that there were plans to abduct him and transfer him abroad illegally.

    He said the orders by the Lagos judges were on Kashamu’s claim of abduction and illegal deportation.

    Hassan said the extradition proceeding was a legal way of transferring an individual wanted abroad for alleged criminal offences.

    He urged the court to set aside the orders made in respect of the extradition proceedings pending in Abuja by Buba and Abang, which Oluyede tendered Thursday.

    “It is wrong for Justice Abang to nullify a process not before him, which proceedings have not commenced here. I urge the court to set aside the orders,” Hassan said.

     

  • Extradition: Court orders NDLEA to vacate Kashamu’s residence

    Extradition: Court orders NDLEA to vacate Kashamu’s residence

    Federal High Court in Lagos ordered yesterday the National Drug Law Enforcement Agency (NDLEA) to vacate the home of Senator-elect Prince Buruji Kashamu.

    The order was made by Justice Ibrahim Buba in a contempt proceedings filed against the Attorney-General of the Federation (AGF), Mohammed Adoke and Chairman of NDLEA Ahmadu Giade.

    Justice Buba directed the police to ensure that all orders issued are obeyed by the respondents. He reinstated the summon for Giade to appear before him on June 4.

    Kashamu, through his lawyers, Alex Izinyon (SAN) and Ajibola Oluyede, had approached the court following the siege on his home since May 23, by officials of the NDLEA.

    Although the applicant had filed a motion ex-parte, the court on Monday refused to entertain it and directed that the respondents be put on notice to appear before it yesterday.

    But at the resumed hearing, the AGF was represented by Anne Akwiwu. The NDLEA chairman failed to appear in court.

    When the matter was called up, Akwiwu prayed the court for an adjournment to enable the AGF’s counsel reply to the originating motion on notice for committal filed against him. She stated that lawyers to the AGF were present because of respect for the court, noting that they were not ready as they were yet to regularise their standing.

    Her prayer for adjournment prompted Izinyon to make an oral application seeking four orders in line with the urgency of the matter.

    Izinyon urged the court to grant an order vacating the over 50 personnel of the NDLEA, who have laid siege on Kashamu’s residence since May 23, forthwith.

    He prayed for an order that any application for arrest warrant against Kashamu must be brought before Justice Buba, since he is in charge of the case.

    Kashamu’s lawyer also prayed for an order allowing them to publish the court’s ruling in the newspaper as a notice to NDLEA Chairman, since the Court’s Bailiff could not effect personal service on Giade.

    He further prayed for an order that the court should direct the police and the State Security Service (SSS) to enforce the order of the court, since the NDLEA personnel attached to Kashamu’s residence are armed.

    Although the counsel to the AGF prayed the court to discountenance the requests made by Izinyon, Justice Buba in his ruling observed that the applicant has been in and out of court against the respondents to which there are subsisting rulings and judgment.

    He noted that Justice Okon Abang ordered parties to stay actions in a fundamental rights suit filed by Kashamu, adding that the AGF and NDLEA are sixth and second respondents, respectively, in that case slated for judgment today, May 27.

    “This is a unique case in the sense that the applicant has been in and out of court against the respondents and many others.

    “One of such cases is before my learned brother, Justice Okon Abang, and the matter has been fixed for judgment on May 27.

    In that case, Justice Abang made  order staying all actions arising from the applicant’s claims capable of infringing on his fundamental rights to personal liberty, freedom of movement and association, pending the hearing and determination of the substantive application.”

    Justice Buba noted that the order has not been set aside by any court and should be respected by all parties involved based on principle of law.

    Noting that the court would not stampede the AGF, who has prayed for time to file a reply, Justice Buba emphasised that parties in the suit were bound by the orders made by Justice Abang, which directed that status quo be maintained.

    Citing plethora of legal authorities, Justice Buba held that “the judgment of a court of competent jurisdiction subsist unless it is set aside by a superior court.

    He said: “Whether rightly or wrongly, parties are bound by that order of Justice Abang.  The judgment of the court, no matter how perverse, remains valid until set aside by a higher court.

    “Therefore, while it will be in the interest of justice to grant the AGF time to react, the justice of this case at this stage demands that the NDLEA men stationed at the applicant’s premises are hereby ordered to vacate in view of the subsisting court order.

    “The alleged contemnors are hereby ordered not to do anything to undermine the hearing of the committal suit before this court.

    “The applicant shall publish the order therein, since the second respondent could not be served personally, and that publication is enough notice to the second respondent to withdraw his men from the premises of the applicant.

    “The Nigeria Police is hereby directed, or be informed that there is an alleged contempt proceedings against the second respondent (NDLEA), instituted by the applicant against the respondents, but especially the second respondent.

    “And they (police) should ensure that the orders of court are obeyed as it is the duty of all parties, principalities and agents of government to obey this order pending the hearing of the application filed by the applicant.

    “There should be no room for a free-for-all fight. Finally, the court directs that the applicant and all parties shall appear in this court on June 4 to hear the matter on merit.”

  • Planned extradition of senator-elect lawful, says Falana

    Planned extradition of senator-elect lawful, says Falana

    Lagos lawyer Femi Falana (SAN) has explained that the planned extradition of senator-elect of the Peoples Democratic Party (PDP) Chief Buruji Kashamu to the United States (U.S.) is in accordant with the rule of law and in line with the provisions of the Extradition Act.

    In a statement in Lagos yesterday, titled: “Legal Implications of Kashamu’s extradition”, Falana advised the senator-elect to surrender himself for trial in the U.S. instead of embarking on a prolonged legal battle in Nigeria.

    The learned silk, who contended that the fundamental right of Kashamu to personal liberty has not been violated in any way so far, added: “But if he insists on his innocence, let the law take its course through the extradition proceedings”.

    The statement reads in part: “The Extradition Treaty between Nigeria and the U.S. was signed on June 24, 1935 while it entered into force on June 24, 1935. The treaty was signed with the U.S. by the British colonial regime, which then exercised dominion over the territory of Nigeria.

    “When Nigeria obtained political independence from the Britannic Majesty in 1960, the treaty was, like several others, adopted by the Federal Government. By virtue of Article 3 of the treaty, extradition shall be reciprocally granted for crimes or offences such as  murder, manslaughter, administering drugs or using instruments with intent to procure the miscarriage of women, rape, threats, by letter or otherwise, with intent to extort money or other things of value, larceny or embezzlement,  fraud or  fraudulent conversion, obtaining money, valuable security, or goods, by false pretences, crimes or offences or attempted crimes or offences in connection with the traffic in dangerous drugs.

    “Under the treaty, extradition shall not take place if the person claimed he has already been tried and discharged or punished, or is still under trial in the territories of the High Contracting Party applied to, for the crime or offence for which his extradition is demanded.

    “If the person claimed should be under examination or under punishment in the territories of the High Contracting Party applied to for any other crime or offence, his extradition shall be deferred until the conclusion of the trial and the full execution of any punishment awarded to him. Even though the treaty is silent on civil proceedings challenging the legal validity of the extradition of any person the exercise may be stayed or suspended if there is a court order to that effect.

    “By virtue of  the Extradition Act Cap E25, Laws of the Federation of Nigeria, 2004, the Attorney-General or a court shall not surrender a  fugitive criminal, if satisfied that the offence in respect of which his surrender is sought is an offence of a political character or that the request for  surrender, although purporting to be made in respect of an extradition crime, was in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions or was otherwise not made in good faith or in the interests of justice; or that, if surrendered, he is likely to be prejudiced at his trial, or to be punished, detained or restricted in his personal liberty, by reason of his race, religion, nationality or political opinions,” he noted.

    Falana explained that in the case of Kashamu, the order of the Federal High Court that he should not be extradited has been set aside by the Court of Appeal.

    “Although the appeal filed against the decision is pending at the Supreme Court, there is no order of execution or interlocutory injunction restraining the Federal Government from extraditing Chief Kashamu to the U.S. to stand trial for drug trafficking. Hence, the PDP chieftain and senator-elect has initiated a fresh suit at the Federal High Court to thwart any move to extradite him to the United States!

    “As the Attorney-General of the Federation, Mr. Mohammed Adoke, SAN has not been legally prohibited on the matter he is reported to have concluded arrangements to commence extradition proceedings on the basis of a request made by the United States pursuant to the Extradition Treaty.”

    He noted that before Kashamu parted ways with President Olusegun Obasanjo in the PDP and before the appointment of Mrs. Roli George as the director-general of the National Drug Law Enforcement Agency, the senator-elect had been on the wanted list of the United States for drug related offences.

    “Therefore, the allegation that Chief Obasanjo and Chief Olabode George are behind the ongoing moves to extradite the senator-elect is illogical, spurious and diversionary,” the Lagos lawyer said.

    Falana advised that instead of politicising the planned extradition proceedings, Kashamu should be prepared for the legal battle ahead, adding: “He is lucky that he is detained in his own house. But for his status as a member of the ruling class, Chief Kashamu would have been bundled to the NDLEA detention facility in Lagos, where he would have been denied access to his phone.”

    He added that the decent treatment being accorded the PDP chieftain was part of the intangible dividends of democracy.

    Only the rich are detained in their homes as the concept of “house arrest” is unknown to our criminal justice system, Falana said.

    He noted that under the military rule, the embattled PDP leader would have been arrested, handcuffed and handed to American security officials.

    According to the rights activist, “He would have been further manacled and flown to the United States for trial. At the material time, extradition proceedings were not conducted in any court.”

  • Extradition: Kashamu sues IGP, NDLEA, 10 others

    Extradition: Kashamu sues IGP, NDLEA, 10 others

    •Court adjourns hearing till May 8

    Pre-emptING his likely extradition to the United States (U.S.) for alleged drug offences, a senator-elect, Prince Buruji Kashamu, has sued the Inspector-General of Police (IGP) and 11 others before a Federal High Court in Lagos to forestall such moves.

    In an originating summons brought before Justice Okon Abang, the Peoples Democratic Party (PDP) chieftain alleged that there was a conspiracy between the law enforcement agencies in Nigeria and the U.S. to humiliate as well as prevent his being sworn-in as a senator.

    Joined as defendants with the IGP in the fundamental rights suit are Chairman, Nigerian Drug Laws Enforcement Agency (NDLEA); Chairman, Economic and Financial Crimes Commission (EFCC); Director General, Department of State Security (DSS); The Interpol National Central Bureau (NCB); and Attorney-General of the Federation (AGF).

    Others are the Clerk of the National Assembly; the National Security Adviser to the President; Independent Corrupt Practices and other related offences Commission (ICPC); Nigeria Custom Services (NCS); Nigeria Immigration Service (NIS) and Nigeria Security and Civil Defence Corps (NSCDC).

    Kashamu is seeking nine declarative orders from the court to restrain the defendants from arresting, detaining or otherwise effecting his abduction upon spurious allegation.

    The senator-elect argues that the defendants’ actions are illegal, unlawful, ultra vires and a breach on his rights.

    He wants the court to direct the Clerk of the National Assembly to accord all facilities and privileges due him as senator-elect.

    When the matter was called for hearing yesterday, counsel to EFCC, Rotimi Oyedepo, who said he was yet to see the court processes, prayed for an adjournment to enable him find out which of the agency’s offices was served.

    He told the court that the commission was yet to reply to the suit because he hasn’t laid hands on the processes.

    Apologising for stalling the proceeding, Oyedepo noted that it would be in the interest of justice, if EFCC was given a short adjournment to reply to the suit.

    But, lawyer to the applicant, Dr. Alex Izinyon (SAN), urged the court to discountenance EFCC’s application for an adjournment, on grounds that the matter should be determined expeditiously.

    He argued that there was no material fact before the court to exercise its discretion, adding that since EFCC had conceded that they were served and failed to respond after 12 days stipulated by Order 8 Rule 3 of the court, there was no room for extension.

    Aside the EFCC, the NIS also pleaded for a short adjournment to enable its lawyer reply the applicant’s brief.

    He told the court that the NIS has not been able to respond to the application as a result of the ill health of its counsel.

    Other respondents, who have filed their replies did not object the prayers of the EFCC and NIS, prompting Justice Abang to adjourn to May 8, for hearing of all pending applications.

    Kashamu, in a 92 paragraph affidavit filed before the court by Izinyon and Riceky Tarfa (SAN), averred that he was incarcerated in Brixton Prisons in London from January 10, 1998 to January 10, 2003.

    He stated that his committal order was set aside after a judgment delivered by the Bow Street London Magistrate presided by District Judge Tim Workman. The court, he added, cleared him of the allegations by the U.S. authorities.

    Kashamu averred that the court held that the allegations with regards to importation of Narcotic into U.S. involved a case of mistaken identity and there was no “prima facie” case that he was the person referred to as “Alaji” by those apprehended in the U.S., who had indicated that they had a West African collaborator.

    He stated that after the judgment, which was delivered on October 6, 2000, he was re-arrested and brought to face the second extradition proceedings which the U.S. authorities had commenced before the judgment of the high court was delivered.

    The senator-elect claimed that when the second extradition judgment was delivered on January 10, 2003, by Justice Tim Workman, he was released and returned to Nigeria to start his business.

    As a result of his philanthropic activities, Kashamu said he was lured into politics, which has brought him some powerful enemies, including his erstwhile political leader, former President  Olusegun Obasanjo.

     

    In the affidavit, Kashamu alleged that Obasanjo and himself had been political allies between 2009 and 2012, when he worked for him and his candidate for governorship of Ogun State, General Adetunji Olurin.

    He averred that he fell out with Obasanjo because of his stance for internal democracy in the PDP, which prompted him and his allies to institute legal actions to untie the grip of Obasanjo’s group on the party.

    Kashamu stated that his action enraged Obasanjo, who has made every attempt to stop his progress politically.

    He said the former president engaged intense propaganda against him to give impression that he had been convicted for drug related offences in the United Kingdom (UK) or U.S.

    Kashamu averred that the International Criminal Police Organisation (INTERPOL) was instigated to investigate him on the basis of these allegations in 2008, after which the agency published a report dated March 4, 2008, stating that he was never declared wanted. According to the PDP chieftain, his lawyer, Ajibola Oluyede, informed him in October 2014, that on a flight to Abuja from Lagos, a colleague of his, Chief Godwin Obla, SAN, who is very close to Attorney-General of the Federation, informed him of the tremendous pressure that Obasanjo was bringing upon the AGF for his extradition and in one of the discussion between the AGF and Obasanjo witnessed by Obla, the former president boasted that he was making arrangement with some U.S. officials in the region to have him abducted and flown in a private plane to the U.S., prompting Obla to advise Oluyede to warn him (Kashamu).

    He stated that upon discreet inquiries, he found out that there have been moves by U.S. official within the region to secure the assistance of the former head, Interpol division in Nigeria, Deputy Inspector General Of Police, Solomon Arase, now acting IGP, for his arrest and delivery to the U.S. officials for transportation to U.S. without following due process required by the Nigeria Extradition Act.

    Kashamu also claimed that Arase was alleged to have confirmed that one Doma Chabot approached him in January 2015, and he has been in communication with her and U.S. Directorate of Homeland Security Headquarters, Washington DC, since then.

    According to Kashamu, Ms. Chabot is in the Attaché, Department of Homeland Security, Immigration and Customs enforcement at the American Embassy, Route Des Almedies, BP 49, Dakar, Senegal.

    He claimed that one Koye Ijaduoye, a chieftain of the PDP on April 1, told him that the All Progressives Congress (APC) senatorial candidate, Dapo Abiodun, had told him (Ijaduoye) on telephone that Obasanjo had assured Abiodun of Kashamu’s extradition.

    He said Ijaduoye, who said he was a former aide to Abiodun, told him (Kashamu) that he telephoned Abiodun to sympathise with him for his loss in the election to Kashamu, but was surprised when Abiodun brushed aside his sympathy and told him that Obasanjo had assured him of plans between certain U.S. security officials and some Nigeria security agents to arrest Kashamu before or during his swearing-in as senator on May 29, and transport him to the U.S. in a private plane to face trial before Judge Norge.

    Kashamu alleged that the second option was to get the Inspector General of Police to withdraw his (Kashamu’s) police detail, thus making him accessible and vulnerable to their plots.

    The senator-elect said he decided to take the necessary court action to stop Obasanjo from repeating what he did to one Lanre Shittu, on November 27, 2000.

    He averred that Obasanjo abducted and transported Shittu to U.S. even after a competent court refused an extradition request.

    He contended that the AGF cannot act on any request from the U.S. in view of the appeal at the Supreme Court over the decision of the Federal High Court in Lagos in 1998, which had restrained the AGF from acting on request from U.S. authorities on these discredited allegations. He accused the incoming APC government of being a part of a plan to perpetrate illegality and to subvert the judicial system.