Extradition: Kashamu Has Case To Answer - PDP Avengers
Our attention has been drawn to the latest verdict of American court in which Mr Buruji was declared as a criminal and fugitive though the undistinguished senator in his usual manner has started dancing nakedly in an open market again by telling some cooked up stories and using his propagating machineries to spread his lies like HIV virus in order to divert the attentions of well meaning Nigerians from his past that has come to hunt and capture him this time around hence the need for this patriotic group[PDP Avengers] to set the record straight.
While we have nothing against Mr Buruji as a self acclaimed leader of our dear party [PDP], we cannot afford to maintain our support for him after we had made a deep investigation and the skeleton in Buruji's cupboard has been unveiled by our experts in investigation with the help of almighty God henceforth we hereby withdraw our earlier support for Buruji and we urge all the security agencies and FG to arrest, prosecute and extradite Kashamu to America to save Nigeria from this global mess,it is a great shame that we could have a drug baron as a law maker in this country since our country is not a Banana Republic.
If Kashamu is indeed innocent as he as always claimed then why is he always on the run whenever he hear America? even if you offer him a free flight to America Kashamu will never accept that offer. Two years ago Kashamu stayed,wined and dined inside the toilet for seven days to avoid free flight to America.
Kashamu has always maintained that he[Kashamu] was not the one wanted in America but his deceased brother[Alhaji Adewale] was the one wanted in America but why is he always on the run whenever he hear America? we believed America is not ready to jail Kashamu for his late Brother's offense but America only wants Kashamu to come and set the record straight. The following are what America is interested in;
-who is Adewale Kashamu?
-when was he born?
-His Place of birth?
-where is Buruji's brother birth and death certificate?
-where is his grave ?
-what is the source of Buruji's income? e.t.c
Furthermore; Some people involved in this case were Americans and have pleaded guilty, some of them are serving had completed their jail term while some had completed their jail terms, this people even confessed that their master is Buruji Kashamu and they are ready to testify against Buruji whenever he is extradite to America, this is why Buruji knows that he can never escape justice if he's extradite to US to face drug trafficking charges against him.
It is on record that Jonathan administration made the move to extradite Buruji but Buruji successfully bought court judgement against FG and NDLEA that time to avoid his extradition but he quickly strike a deal with APC immediately Buhari was inaugurated as the president of Nigeria and he[Kashamu] agreed to stay in PDP, fight and destroy the party's structure and leadership with his illegal earned resources before he will officially decamp to APC and the greedy billionaire from Ijebu Igbo in collaboration with some of his allies makes several attempt to destroy PDP but they had failed on several occasion though their waywardness has caused our dear party two state in the south [Edo and Ondo state] but PDP is still alive and the party is on course to kick out APC out of Nigeria come 2019.
In conclusion, we aware of Buruji's purported move to officially decamped to APC in order to avoid his extradition but one million Buhari or Oyegun can not save him, Let's use this privilege to remind Buruji and APC that it is no more Obama[APC's ally] that is ruling America,Trump has come and he's firing on all cylinders, Trump is a man of his word and he has vowed to ensure all fugitive who has run or still running to avoid the punishment of the crime they committed in America, so we can authoritatively say that any plan or move by Buruji to avoid his extradition will be in futility and we urged The Nigerian Senate under the leadership of Senator Bukola Saraki to as a matter of urgency suspend Buruji from the Nigerian senate pending the time he[Buruji] will voluntarily board a flight to America to clear his name or the FG extradite him to US in order for him to face his drug trafficking charges.
Signed: Engineer John Ayeniromo
God Bless Nigeria
PDP Avengers
Wadata,Abuja, Nigeria

Fugitive.

Nonsense!!! So its no longer witch hunting by PMB. He is guilty now because he has refused to follow fayose and co.

Its unfortunate, its only God that will help us with this mentality and sentiment

With of the PDP? Ali Modu Sheriff-led pdp or MAKARFI Faction?

“The Applicant (Senator Buruji Kashamu) can always, and I say this by way of obiter, perhaps as gratuitous judicial opinion, use the said Judgment i.e. Exhibits “A” and “B” (the two British court judgments) as a “shield” to defend any legal proceedings, on the principle of estoppel res judicata, that may be initiated based on the same allegation that he had either been convicted or wanted in the United States on the issues for which the United States Government initiated extradition proceedings against him in the United Kingdom. Secondly, as per the Applicant’s “political detractors”, I have no doubt that the Applicant does not need to have Exhibits “A” and “B” registered in the Federal High Court of Nigeria to make them useful as a “sword” to prosecute and or initiate civil claims in libel or defamation where any written or spoken words are founded on a false allegation of his previous conviction in the United States on the same issues which led to the extradition proceedings in the United Kingdom and which failed on account of lack of or withholding of certain evidence by the U.S. Government or its Prosecuting authorities to the Magistrate who heard the initial extradition proceedings and committed the Applicant to be extradited until the said order was set aside. It would appear that the order committal was set aside on the ground of withholding of evidence of mistaken identity by one of the alleged co-conspirators in the Magistrate’s Court’s proceedings in the United Kingdom.”
*HON. JUSTICE G.O. KOLAWOLE, in dismissing the extradition case brought against Senator Buruji Kashamu on the 1st of July, 2015. Let those who have ears hear!

The Senator representing Ogun East Senatorial District, Buruji Kashamu, has said that initiating any extradition proceedings against him over drug dealing allegations in the United States would amount to illegality. He submitted that such action would be prima facie wrong and illegal since two different courts within and outside Nigeria have absolved him of any wrongdoing and no authorities have appealed against the rulings of the courts.

According to him, such cases had been dismissed by two United Kingdom courts and a Federal High Court sitting in Nigeria, which made the UK government to pay him damages. Kashamu The Senator, who was speaking in response to the recent United State appeal court’s ruling which threw out his extradition appeal, said all that is happening is a farce with no legal basis.

Kashamu said allegations of illicit drug dealing in the US against him were baseless since he was never a fugitive and never visited the US, let alone dealing with issue of drugs. “But what we are saying is that they cannot bring another extradition issue against me, because the ones they brought to London were dismissed; the one in Nigeria was dismissed, he said.

He called on the Federal Government, which he said believes in the rule of law, not to be persuaded to initiate any extradition process against him, which he said would amount to abduction.
He also urged the government to defend the country’s territorial integrity, adding it would be wrong for British investigators to come to Nigeria to conduct investigations, or take witnesses abroad to testify.

Read more at: http://www.vanguardngr.com/2017/01/extradition-proceeding-mell-illegal-kashamu/

NDLEA AND THE POLITICAL BIAS AGAINST SENATOR BURUJI KASHAMU

By: Bolaji Adeniji

That the NDLEA has renewed its perennial effort to illegally extradite Senator Buruji Kashamu to the USA on a purported drug related indictment is no longer news.  It is also public knowledge that the British courts on two occasions and three Nigerian courts, have at different times also discharged Senator Kashamu of any complicity in the trumped charges, which according to the argument of the Senator, was a case of mistaken identity; and thus, should not be given away to the US drug authorities as that will amount to multiple jeopardy and travesty of justice.

Nonetheless, we are amused at the obstinate desire of NDLEA to effect  his transfer to the US based on a provisional warrant of arrest issued in 1998 and for which he has been cleared in an exhaustive trial for five years while being incarcerated all through the period. Why is NDLEA bent on this hatchet assignment? Is this latest push coming from America or is it some forces in Nigeria that are adamant on seeing the back of the Senator? The answer to these questions might have been answered today through the appearance of the NDLEA spokesperson, Mr. Mitchel Ofoyeju on TVC this morning 01/02/2017, where he made some curious statements.

Ofoyeju among other things said, "whereas our agency is not oblivious of the UK judgments and the Nigerian judgements, Senator Kashamu still needs to go the US to clear his name". We are then asking, on what ground will Kashamu still go to the US after being cleared in UK and Nigeria? Again, Ofoyeju while answering a question from the TV presenter said, "Yes he was cleared by the UK based on mistaken identity but he nevertheless needs to go to the US with proof of death of his late brother, video of burial ceremony and maybe with an elder in the family to testify on the death". How ludicrous!

Is it within Ofoyeju's purview to determine the authenticity of the mistaken identity claim and why is the agency eager to put Kashamu on a plane to the US? Why is he talking like a layman without an understanding of the law? From the above verified statements from the NDLEA spokesman, it is clear that the mandate before the agency is to bring Kashamu down at all cost, even if it means using extra-constitutional means like they did after the 2015 elections when the agency stormed the senator's house in an ungodly hour, to forcefully abduct him without a valid extradition order and without the leave of a Nigerian court; as provided for in the international extradition treaty to which Nigeria is a signatory.

Gladly enough, Ofoyeju agrees that it will take the express permission of a Nigerian court before Senator Kashamu can be extradited and that the agency will seek to vacate the earlier orders of the courts. We believe that it will  be a herculean task for the agency to achieve this, because the UK judgments have neither been appealed nor vacated; and same applies to the Nigerian judgements. Moreover, the concealing of exculpatory (facts that absolve) evidences by the US authorities serves as a bad case for them against Kashamu  and that was why the UK court did not grant the US its extradition request at the initial trial  that spanned five years. It was on this same foundation that the Nigerian courts have also adjudicated in Kashamu's favour.

From the preceding paragraph, there appears to be a consortium of effort right from Nigeria to America, to see Senator Kashamu put away behind bars but as it were, their case is bad and 'non sequitur' (doesn't follow logic) before the law. The political bias of the NDLEA  is becoming more pronounced by the day and Ofoyeju  has given out this bias publicly today. All well meaning Nigerians must rise up to condemn this brutish attempt to punish a benevolent Nigerian over internal political squabbles. We all know the capacity of the US  to get whosoever it really wants, irrespective of the person's location worldwide and the case of Rafiu Elele who was whisked away from Nigeria to the US three years ago comes fresh in memory; and that was because he had a case to answer.

Kashamu has no case to answer again and the US  knows that his case has suffered a technical death which is why it has only put up lame effort in requesting Kashamu. Unfortunately, the loudest noise is coming from Nigeria. kashamu is not a fugitive and is not runnig from a US trip but he understand the elaborate conspiracy against him and like any sane person will act under the circumstance, he wont walk into a deliberate trap. How does anyone expect Kashamu to submit to the US drug agency that already has a bias against him to the extent of hiding evidences that could have finally freed Kashamu of any indictment? How can one jump into a cage that has a lion that is licking its mouth already in anticipation of blood? Indeed it amounts to jumping into fire, as Kashamu himself correctly put it.

Conclusively, Nigeria and the United States are sovereign democratic nations that thrive on the principle of rule of law and fundamental human rights. The drug agencies of both nations must known that it cannot act outside the precincts of the law and neither can they trample on the rights of Senator Buruji Kashamu as guaranteed under the law. The NDLEA particularly must be patriotic and not overzealous in pushing its own national into the ravenous hands of international cannibals. The NDLEA must not lend itself as a willing tool in the hands of political bucanners that are fixated on seeing Kashamu go under. Senator Kashamu is not immuned from prosecution if indeed he is guilty of any offense but the current case is one that his traducers see as a lifeline of attack.

Kashamu has no case to answer as the UK and Nigerian judgements remain valid and binding. The rule of law must prevail and the NDLEA must not be seen as playing the cards of desperate politicians.

Bolaji Adeniji is the State Publicity Secretary of Ogun PDP.

THE BACKGROUND
On a business trip to the United Kingdom in 1998 in pursuit of my cotton trading business in Liverpool, I was arrested at City Airport in London and detained pursuant to an arrest warrant issued on the basis of an indictment in the United States (U.S.) in which the name “Alaji” had been introduced as a party to an alleged offence of importation of narcotics into the United States by the U.S authorities. I have never visited or resided in the U.S and certainly have never been involved in any business not to talk of a criminal activity whatsoever in the US. Although, I declared from the moment of arrest that I was not the person involved in the alleged narcotics business and that it was a case of mistaken identity, the British courts made an order for my committal pending my extradition to the U.S. Fortunately, my lawyers came across some exculpatory evidence, which the US government had concealed from the courts in the extradition proceedings. The evidence was the outcome of a photo identification parade for the purpose of Identifying the said “Alaji”, that was held in the US Attorney’s office. They had taken a mug shot of me and placed it with seven other photographs of black males who had facial hair that was similar to mine and were about my age too. After viewing the photo lineup, Fillmore, one of the accused, said that the 3rd photograph in the lineup looked like a bad photograph of the man they were looking for. He also declared that the 2nd, 4th, 6th, 7th and 8th photographs did not at all look like the said ÄLaji”; my mug shot was the 7th in the lineup; that was one of the photographs that Fillmore said did not at all look like the wanted kingpin.

“What has now emerged, with a letter from the United States’ Attorney for the Northern District of Illinois, is a report of an investigation into the case against the applicant conducted on 9 February 1999. The report stated insofar as material, that on 8 February 1999, Fillmore viewed a photo lineup for the purpose of identifying Kashamu. The meeting was held in the US Attorney’s office. An officer of the Attorney had received a copy of an arrest photograph of Kashamu from another officer. The report continues that the officer ‘…took the copy of the arrest photograph and placed in a DEA form 470, photo identification folder, with seven photographs of black males. These black males had similar facial hair and were the approximate age of Kashamu. This photo lineup was shown to Fillmore. Fillmore provided the following statements: ‘it is not jumping out at me, I know what the man looks like.’ Fillmore further stated that photograph #03 looked like a bad photograph of him. Photos #02, #04, #06, #07 and #08 did not look like him at all. Fillmore stated that #05 looked a lot like him but did not look like him. Fillmore ruled out photograph #01. Fillmore stated that #05 looked the closest like Alaji.’ That is the name by which Fillmore knew his co-conspirator. ‘The arrest photograph of Kashamu was placed in position #07 of the photo lineup.’ I add by way of comment that that was one of the photographs which Fillmore said did not look like the co-conspirator at all. A photograph of the applicant, the arrest photograph, taken upon the applicant’s arrest about three years after the events relevant to the alleged conspiracy, had been shown Fillmore on 8 February, with that result. No reference was made to the 9 February report in the Statement prepared by the United States Government for the application for extradition. It was mentioned neither in the United States Attorney’s statement nor in the Statement signed by Fillmore. The arrest photograph was disclosed but no reference was made to its potentially exculpatory effect.”

The Court therefore held: “The committal order, must in the circumstances, be quashed by reason of the unfairness of the proceedings resulting from the non-disclosure of crucial evidence, as accepted by the government. The writ of habeas corpus will, accordingly issue”.







The Bow Street Magistrate Court delivered its judgment on the 10th of January 2003 wherein District Judge Tim Workman came to the conclusion that the new identification evidence produced by the US Government was worthless and unreliable and that I was clearly not the person involved in the narcotics transaction for which the indictment was made in the US and should thus be discharged. In this regard, the District Judge held:

The District Judge then concluded pungently that:
“certain of the assertions made by the government are untrue ……I am satisfied that the overwhelming evidence here is such that the identification evidence, already tenuous, has now been so undermined as to make it incredible and valueless. In those circumstances there is no prima facie case against the defendant and I propose to discharge him.”

THE CONSPIRACY AGAINST ME
Upon my release from the United Kingdom following the judgment of the Bow Street Magistrate Court on the 10th of January 2003, I returned to Nigeria and rebuilt MY businesses. I also soon became actively involved in politics especially in Ogun State and by 2008 some politicians who see me as a threat to their ambitions commenced a campaign of calumny against me alleging that I was a convicted drug dealer who had been jailed in the United Kingdom for 5 years for drug related offences and wanted by the Federal Bureau of Investigation of the United States of America for similar offences.

The Interpol department of the Nigerian Police Force conducted investigations into the allegations and published a report dated 4th March, 2008, and signed by ACP Haruna H. Mshelia, in which it stated among other things:
“That all our letters written to Interpol London, Lyon, Washington and Cotonou relating to enquiries on criminal/drug/conviction records of the suspect were returned negative to the effect that the suspect was never convicted of such offence in their territory.”
I commenced several lawsuits as a result of this attack on my person; most of the lawsuits for Libel against me were commenced in 2010. Faced with these circumstances, and in a desperate bid to find justification for their false allegations, these politicians began to pressurize the Attorney General of the Federation (AGF) to resuscitate the false US indictment against me in Nigeria and to instigate an extradition process against me on the same baseless accusations.


The Federal High Court ina judgment delivered in Suit No. FHC/L/CS/938/2010found that the AGF could not exercise any power against me under the Nigerian Extradition Act when I had been found not to be involved in any alleged crime in the US and because I am not a fugitive.

In spite of this judgment, my detractors persisted in their treacherous activities and sometime in 2015, the Nigerian police wrote a letter to the British High Commissioner in Nigeria requesting him t o confirm the authenticity of the aforesaid judgments of the British Courts in response to which the British High Commission in a letter dated 27th April 2015 confirmed the authenticity of the documents in respect of the extradition proceedings in the U.K and stated that:

“The magistrate was not satisfied that there was a case to answer and the extradition request was rejected.”
I consequently filed an application for the enforcement of my fundamental rights in Suit No: FHC/L/CS/508/2015. The Federal High Court on the 17th of April 2015 made an interlocutory order in the following terms:
“In line with the provisions of the Order (iv) rule 4 (c) (iv) of the Fundamental Rights’ (Enforcement Procedure) Rules 2009, the Respondents herein shall in the interim stay 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 Applicant’s substantive application dated 14/4/2015.”

The court subsequently heard arguments in respect of the originating motion and reserved judgment to be delivered on the 27th of May 2015.

Notwithstanding the pendency of the Suit wherein judgment had been reserved and the interlocutory order of the court as aforesaid, over 50 armed and masked operatives of the NDLEA prodded by the then AGF, Mr Mohammed Adokie Bello, invaded my residence in Lagos on Saturday, the 23rd of May 2015, breaking down and destroying windows, doors and gates to gain entrance. They harassed and intimidated me and members of my household including my pregnant wife and infant children. When the attempt to abduct me failed due to media exposure, they detained me in my house.

In a committal proceedings commenced against the AGF and NDLEA (as a result of the unlawful invasion of my house) in the Federal High court an order was made on the 26th of May 2015 as follows:
“That the men of the National Drug Law Enforcement Agency stationed at the Residence of the Applicant are hereby ordered to vacate the premises in view of the subsisting court order of O.E. Abang J. that parties shall stay all actions pending the determination of the matter fixed for 27/5/2015.”

The operatives of the NDLEA in disobedience of the order of the court refused to vacate my premises until the 28th of May 2015 and not because of the order of the court but because they obtained a written undertaking from my lawyer, Prince Ajibola Oluyede to produce me whenever I am required.

The court on the 27th of May 2015eventuallydelivered a judgment in Suit No: FHC/L/CS/508/2015 wherein it among other things made an order as follows:
“That the 1st to 12th Respondents are hereby restrained from unlawfully arresting, detaining, attacking, abducting and/or kidnapping the Applicant to prevent him from being sworn in as Senator representing Ogun State Senatorial District in the Senate of the Federal Republic of Nigeria or in any way preventing him from entering the halls of National Assembly or participating in the inauguration of the new National Assembly based on allegations that have been the subject of investigations by Interpol the Applicant having been cleared and/or exonerated by two Courts of competent jurisdiction in the United Kingdom.”

Subsequently, a bundle of documents titled “Application for the Extradition of Buruji Kashamu” to which was attached a so called “provisional warrant of arrest of Buruji Kashamu” purported to have been signed by an unnamed Judge of the Federal High Court was filed at the Abuja division of the Federal High Court. Conspicuously missing from the bundle of documents was the required request for my extradition, issued by the US Authorities as prescribed by the Nigerian Extradition Act.

In response to the above, my Lawyers filed an application for committal against the then AGF and the Chairman of the NDLEA in Suit No: FHC/L/CS/508/2015 dated the 5th of June 2015 seeking the nullification of the documents respectively referred to by the AGF as a “provisional warrant of arrest” and “Application for extradition”.

In a ruling delivered on the 8th of June 2015, the Court in nullifying those documents made the following order:

“The invasion of the Applicant’s premise with armed operatives of NDLEA on 23/5/2015 is hereby declared unlawful and unconstitutional and a clear abuse of official power, an affront to the authority of this Court and it is actionable against NDLEA. The provisional warrant dated 25/5/2015 that is claimed to have been signed by the Judge of this Honourable Court in exercise of the court’s disciplinary jurisdiction is hereby set aside and accordingly nullified”.

In the meantime, the Abuja division of the Federal High Court heard arguments in respect of the AGF’s “application for extradition” in Suit No: FHC/ABJ/CS/479/2015 and in a ruling delivered on the 1st of July 2015 dismissed same in the following words: “This suit is hereby dismissed. There shall be no order as to costs. The Applicant, being an office created by the constitution (see section 150(1) of the Constitution 1999 As Amended) has a greater obligation, by its act and conduct, in the context of its very extensive constitutional powers as prescribed in Section 174(1)(a), (b) and (c), (2) and (3) of the CFRN, supra. to be seen to be law abiding and to give maximum and unqualified respect to every judgment of a court of competent jurisdiction, regardless of its opinion as to whether the court was right or wrong until such decisions are set aside by the appellate courts. To do otherwise is to further deepen an incipient culture of disobedience of court’s orders and of unmitigated acts of unbridled impunity to judicial process even by the citizenry and the proverbial ‘common man’ whose last hope lies in the judiciary. This shall be the ruling of this court. The suit is for these reasons, dismissed”.

THE U.S. CASE
Meanwhile, prior to the foiled attempt to abduct me in the guise of an extradition process, I had filed a suit in the US to pre-empt their evil plot when I got wind of it. It should be emphasised that their plot is in contravention of the subsisting orders and judgments of the courts which are in tandem with the United Nations Declaration on the Protection of All Persons From Enforced Disappearance, which among other things states that “No State shall practise, permit or tolerate enforced disappearances”.

It was the suit which was filed in April 2015 that culminated in the 23rd January, 2017 ruling which some sections of the media instigated by my political opponents decided to sensationalise.

Justices Richard Posner and Michael Kanne of the United States Court of Appeals for the Seventh Circuit unabashedly approbated and re-approbated when it departed from a precedent it set in Hijazi, 589 F. 3d 401 (7th Cir.2009) which the US District Judge as per Hon. Charles Norgle relied on and declared that I was not a fugitive since I had never set my foot in the US nor flee from detention in the United States or anywhere in the world. There is no record that the legal precedent had been upturned or reversed, yet the same court departed from this settled principle of law and made far-reaching conclusions which are unsupportable by the history and facts of the case as well as the findings of the British courts.
The US Court of Appeals talked about the Justice Department’s inability to convince the British judge that I was the person it was seeking to extradite. Let us assume without conceding that I was released from prison custody in London as a result of the inability of the Justice Department to convince the British Court that I was the person being sought, should I then be haunted for life? Should I continue to pay for the “inability” of the Justice Department to convince the British courts?



And as if justifying the 2015 abduction plot, the appellate court added that, “The Mansfield Amendment is explicit in not prohibiting an employee of the United States, provided he has the approval of the United States chief of mission, from being present when foreign officers are affecting an arrest or from assisting foreign officers who are effecting an arrest. The conduct of which Kashamu complains – that U.S. agents actively participated in an attempt by Nigerian agents to arrest him – was thus lawful.”

The above findings of the court could only be tenable in a situation where extradition proceedings had not taken place. In my case, I faced extradition proceedings in the United Kingdom at the behest of the United States government and after four rigorous years of trial, the British courts found that it was a case of mistaken identity and released me. How many times will I face extradition proceedings over the same offence? If the United Kingdom did not find me guilty, should I be a sacrifice on the altar of political expediency in order to be seen as being more Catholic than the Pope?

In effect, what the US judgment is saying is that the several rulings of the British and Nigerian courts are worthless. This is without regards to the International Laws and treaties that are binding on them.

31. Given the US Court of Appeals varying positions, it could then be safely assumed that the 2015 abduction plot was hatched after seeing the futility in any attempt to legally extradite me. This much was said in the 18th of August, 2014 judgment given by the same U.S. Court of Appeals for the Seventh Circuit.

32. The US appellate court said, “Several months after the indictment came down, Kashamu showed up in England and was arrested at our government’s request. Justice Department lawyers, working with their English counterparts, sought his extradition to the United States to stand trial. There were two extradition proceedings, both unsuccessful, ending finally in January, 2003 when the Judge refused to order him extradited. He had been detained throughout the extradition proceedings. As soon as the judge ruled, Kashamu left England for Nigeria, where he remains.”
33. In effect, the US Courts acknowledged that I was arrested and tried twice in London at the US Government’s request, and that the US Justice Department lawyers worked closely with their English counterparts. In effect, the British Government cooperated with the US government on the both occasions as if it was the Federal Government of Nigeria. Yet, at the end of the day, I was exonerated because it was found that it was a case of mistaken identity.
34. Even in the same ruling, the US appellate court held that I had been “exonerated though only partly by the judiciary of our British ally”. And then went on to state that, “Given Kashamu’s prominence in Nigeria business and government circles and the English magistrate’s findings and conclusions, the probability of extradition may actually be low.”

35. So, if the English court had made positive and definitive findings exonerating me and declared that I am not the accused person being sought, is it not appropriate for me to ask that the indictment be quashed and take every lawful step to protect myself?


CONCLUSION
38. Put succinctly, in view of the facts that I was arrested and detained on the request of the American Government between 1998 and 2003, and two British courts found that I was not the person being sought and freed me, after two extradition proceedings, the Federal Government, its agencies or any of its officers ought not to entertain any purported extradition or abduction. Yet, they made another move in May 2015 which was dismissed by the Federal High Court, Abuja. It is trite that once a case has been dismissed, it cannot be filed in court again. There is no way American court can override British and Nigerian courts. Therefore, any attempt to condone or allow abduction in the guise of an extradition is an illegality and affront on our sovereignty, the rule of law, international and municipal laws. I am an employer of labour with hundreds of employees who also cater for their immediate and their extended families. I have had more than enough distractions since this needless harassment began. I could hardly focus on building my businesses and the consequences on my bottom line and cash flow have saddled me with an N11billion deficit that I am still battling to offset. However, I rest with faith in the Almighty Allah Subhana Wa Tala, who is in control of the circumstances of my life. I remain committed and forthright in the service of mankind and my nation. Senator Buruji Kashamu
Ogun East Senatorial District
28.01.17

RE: US COURT RULES AGAINST SENATOR KASHAMU

The sensationalisation of the ruling of the US Court of Appeals for the Seventh Circuit per Posner J. is but another chapter in the misinformation and deliberate falsification of facts.

This action was not brought against Senator Buruji Kashamu. It was initiated by him in 2015 before the attempted abduction saga occurred and was already pending in the District Court in Northern Illinois seeking to enforce the provisions of the Mansfield Act (a United States Law which forbids US law enforcement agents from carrying out law enforcement activities outside US territory).

At the time this action was commenced, all the Senator had was information that an abduction was being planned against him. Few months later that information was confirmed   when a battalion of armed and masked National Drug Law Enforcement Agency (NDLEA) officials attacked, sacked and laid siege to his home for six days until they were forced to leave his premises by court order.

The US action continued thereafter on the evidence that showed that some US agents had indeed directed the operation against Senator Kashamu.

The judgment of the District Court not deal with the legality or otherwise of the act of those US agents but stopped at the threshold of consideration of the question whether the Mansfield Act could be the basis for complaint by an individual alleging illegal law enforcement activities in violation of that Act.

The District Court’s answer to that question was that the Mansfield Act did not give an individual any cause of action but could only be enforced by a government or state.

It is from that ruling that Senator Kashamu appealed to the Seventh Circuit whereupon the Seventh Circuit rejected the appeal.

In the belated opinion given again by Justice Posner, as he had done twice before, he exceeded the scope of the questions placed before the court and made remarks that have no basis in the record before him but which appears to emanate from his own prejudices.

The media probably needs a stimulant to sustain their audience now that the drama of the US election is abating. But they should be careful to be accurate in their reporting in order not to transcend the bounds of decency and legality as we have seen in the reaction of some overzealous Nigerian journalists.

It is disturbing that the media has ignored the implication of the US Seventh Circuit’s pronouncement concerning the capacity of the US government to carry out police operations in foreign territory in breach of International Law and the municipal law of the victim state; as was exhibited in the unlawful attempt to abduct a senator of the Federal Republic of Nigeria. Who knows who will be next?

The Nigerian courts have unequivocally declared that rendition is illegal and have proscribed such activity against Senator Kashamu in Nigerian territory.

Signed

Prince Ajibola Oluyede

Counsel to Senator Buruji Kashamu

Report that Exonerated Prince Kashamu from the purported drug offence in USA

Setting the record straight;

The report stated, insofar as is material, that on 8 February 1999, Fillmore viewed a photo lineup for the purpose of identifying Kashamu. The meeting was held in the US Attorney 's office.

An officer of the attorney had received a copy of an arrest photograph of Kashamu from another officer. The report continues that the officer:

" Took the copy of the arrest photograph of Kashamu and placed in the DEA form 470, photo identification folder, with seven photographs of black males.

These black males had similar facial hair and were the approximate age of Kashamu. This photo line up was shown to Fillmore. Fillmore provided the following statements: 'it is not jumping out at me., I know what the man looks like.' Fillmore further stated that photograph 03 looked like a bad photograph of him. Photos 2, 4, 6,7 and 8 did not look like him at all. Fillmore stated that 05 looked a lot like him but did not look like him. Fillmore ruled out photograph 01. Fillmore stated that 05 looked the closest to Alhaji"

That is the name which Fillmore knew his co-conspirator.

"The arrest photograph of Kashamu was placed in position 07 of the photo lineup. "
And the case was thrown out.

Back home in Nigeria, there are several other court judgements that also exonerated Prince Kashamu.

It stand against logic and laughable when supposed knowledgeable set of people begin to think their continuous wailing on social media platforms can overrule decision of competent courts of jurisdiction.

When you have a good case in your hand, you stand a good chance of coming out victorious from the courtroom.

The jury in UK have spoken; Kashamu has no case to answer.

The judges in Nigeria have spoken; Kashamu has no case to answer.

The US judgement can't overrule that of UK and Nigeria. Nigeria is a sovereign state and not a Banana Republic where anything goes.

Of course we have clues to were these partisan folly, vilifying articles emanate from. But soonest, you'll all be put to shame by God's special grace.

My contributions on SPBK matter are as follow:

* what real is the problems with our legal system
* what has Nigerian politician turning our politics to
* are all these part of our inheritances from our colonial master
* when as it become for oyinbo calling for Extradition of a Nigerian
* what crime has he committed
* somebody that would have been compensated for mistakenly identity
* has there ever be a time that Nigerian call for the extradition of the Lebanon that fraud Nigeria
* has Nigerian forgotten the history of shagori & shagori brothers

Nigeria government are always interested in chasing shadow.

On a final note if Africa as a whole and Nigeria in particular should flash back to history, I think the man SPBK deserves an apology from the anti graft agencies for the embarrassing situations putting the man SPBK personality.

I rest my case......

#SAYNOTOSENATORKASHAMUEXTRADITION

It's amazing how some idiots as usual would still be defending criminals masquerading as senators?


Pathetic!

Unfortunately, the loops/facebook/Nairaland/social/traditional media are not a court of law and most of the anti-Kashamu elements lack the skills to either investigate or prosecute a case or proffer answers to your posers. Take your posers and facts, if any, to the appropriate forum - a court of law - and justify or prove your allegations/insinuations beyond reasonable doubt. Anything short of this is just noise in the market place!