A US
District Court, Northern District of Illinois, Eastern Division, has
ruled that the Vice Chairman, South West of the ruling Peoples Democratic
Party Buruji Kashamu is a fugitive wanted in the US to answer charges of drug
peddling.
According to
presiding Judge, Charles Ronald Norgle, Kashamu’s motion to dismiss the
indictment for an alleged violation of his Fifth Amendment right to due
process and the Sixth Amendment Right to speedy trial is denied.
Kashamu had
gone to court to clear his name that his brother Adewale Kashamu and not Buruji
Kashamu was the drug trafficker fingered in 1998, arguing he had lost key
witnesses over the years and those who may still be around may have become
victims of faded memory.
The
presiding judge who had averred Buruji was never a citizen of the US but of
Nigeria and Benin Republic, was on May 21 1998 charged along with 12 others for
their alleged involvement in an international drug conspiracy to smuggle heroin
into the United States
Norgle argued that Kashamu was not constitutionally protected to seek refuge over the said amendments.
Norgle argued that Kashamu was not constitutionally protected to seek refuge over the said amendments.
“As an
initial matter,” Norgle stated, “government argues that Kashamu is not entitled
to the constitutional protections, which he seeks. Specifically, the Government
argues that the Fifth and Sixth Amendments are inapplicable to a foreign
national living abroad who is not in the United States and has never appeared
before this court on the indictment against him except on one occasion,”
According to
Judge Norgle, “the indictment charges Kashamu by name and by what the
government believes to be his two aliases ‘Alaji’ and ‘Kasmal.’ Since
then 12 co-defendants have pleaded guilty, one went to trial and was found
guilty, and two including Kashamu remain fugitives. Nine of the co-defendants
pleaded guilty within eight months of being charged in the indictment.
“According
to these defendants, Kashamu, who they knew as ‘Alaji’, was the person
in-charge of the entire organisation. Some of them had visited with Kashamu in
Benin, and one defendant Ellen Fuhrman Wolters, had an intimate relationship
with Kashamu at the time of the conspiracy.”
According to Norgle, while the case proceeded against the other co-defendants, the whereabouts of Kashamu remained unknown. On December 18, 1998 Kashamu was found in England and was arrested on a provisional warrant at the request of the government and was detained in extradition proceedings where he argued his brother Adewale Kashamu was the one who was involved in drug trafficking activity,” Two committal orders in 2000 and 2003 for his extradition failed
According to Norgle, while the case proceeded against the other co-defendants, the whereabouts of Kashamu remained unknown. On December 18, 1998 Kashamu was found in England and was arrested on a provisional warrant at the request of the government and was detained in extradition proceedings where he argued his brother Adewale Kashamu was the one who was involved in drug trafficking activity,” Two committal orders in 2000 and 2003 for his extradition failed
Kashamu, the
judgment continued, is now a very powerful and successful businessman and
politician who works as a facilitator for President Goodluck Jonathan’s
initiative to reform the government. “To date, Kashamu has not appeared before
this court for an initial appearance or arraignment on the existing 1998
indictment.”
According to
the judge, Kashamu filed a motion to quash the arrest warrant and to dismiss
the indictment against him in February 2009 on the ground that the English
magistrate had found that he was not ‘Alaji,’ and the finding should be given
collateral estoppels effect in the criminal proceeding.
He also
argued that if this was done he could not be convicted and therefore should not
have to stand trial. (US vs. Kashamu). The court denied and in 2011 the Seventh
Court affirmed. The US Supreme Court denied certoriari on Jan 9 2012. (Kashamu
vs. US)
Norgle
continued: “Over two years later, Kashamu has filed the instant motion to
dismiss his indictment arguing that his Sixth Amendment right for a speedy
trial had been violated, and that the Government was violating his Fifth
Amendment right to due process because it lacks personal jurisdiction over
him.”
Norgle
insisted Kashamu appears to allege a defect in instituting the prosecution of
his case pursuant to Rule 12(b) (3) “in so far as he argues that the right to a
speedy trial has been violated.” According to the court, if a defendant’s
right to speedy trial has been violated, the indictment must be dismissed.
The
Government argued that because Kashamu has never appeared and has not yet been
brought to trial, the period of delay between his indictment and trial remained
open and thus the mere quantification of years past since indictment,” is not
helpful and the multitude of cases Kashamu cites for the sole purpose of
setting forth various time frames serve no purpose.”
It went
further to state that for purposes of counting delay, more than 15 years have
elapsed since the grand jury returned Kashmir’s indictment.
“This extraordinary delay stretches well beyond the minimum needed to trigger a further speedy trial analysis (US vs. Arceo- a delay of six and one and half years was found extraordinary and prejudicial). Thus the delay of 15 years and counting weighs in favour of Kashamu as to the first factor
“This extraordinary delay stretches well beyond the minimum needed to trigger a further speedy trial analysis (US vs. Arceo- a delay of six and one and half years was found extraordinary and prejudicial). Thus the delay of 15 years and counting weighs in favour of Kashamu as to the first factor
Kashamu
blames the US government for the delay because for 11 years he was in Nigeria,
no effort was made to seek for his extradition
However
Norgle in his 19 page verdict added: “Government has the constitutional duty
under the 6th Amendment to make a diligent good faith effort to locate and
apprehend a defendant and bring that defendant to trial except where such an
effort would be futile, which applies to Kashamu until recently and that
Kashamu is to be blamed because of the obstacles he placed along the way with
conflicting information provided by high ranking Nigerian government officials
and agencies during Kashamu’s extradition proceedings in London, England, which
he argues led to his release.
“During the
extradition proceedings, Kashamu argued he was a co-operator of NDLEA and that
his brother Adewale was the drug trafficker wanted by the US. Enquiries to
NDLEA came March 12, 2001 with a response that stated that Kashamu “had at no
time been an informant of this agency nor had the Agency had cause to reward
him for anything,” and that it believed his brother Adewale was dead “by the
time Buruji Kashamu was wanted by this Agency in 1994.”
“Kashamu
countered the letter with his own letter purportedly from NDLEA dated January
24, 2000, which states that “Kashamu has been very helpful to us in the area of
fighting crime and we are surprised he is being incarcerated on wrong
accusations of drug trafficking in the UK.”
Norgle
stated the US Government enquired from NDLEA on this apparent contradiction and
NDLEA replied that Kashamu’s letter was “bogus,” and that the contents are
“absolutely false,” a pattern that played out through the trial making the
magistrate rely on Kashamu’s evidence.
Timeliness of Kashamu’s assertion of his speedy trial right:
Timeliness of Kashamu’s assertion of his speedy trial right:
Kashamu also
argues that the third factor weighs in his favour because he has timely
asserted his right to a speedy trial by raising the issue prior to the
commencement of trial which the court affirmed saying Kashamu was correct that
his assertion is timely in the sense that it is not too late.
The answer
to that question, the court argued, is that Kashamu became aware of this
indictment December 18 1998 when he was arrested in England on the
outstanding warrant and waited for more than 15 years to file the instant
motion raising his right to a speedy trial.
It noted that his motion filed in 2009 did not contain an assertion of his speedy trial, all of which weighed against him because in between the trials, and his return to Nigeria, he did not raise the issue of speedy trial.
It noted that his motion filed in 2009 did not contain an assertion of his speedy trial, all of which weighed against him because in between the trials, and his return to Nigeria, he did not raise the issue of speedy trial.
Prejudice
Has Kashamu been prejudiced by the delay in bringing him to trial through the fading and corruption of witnesses’ memories, the loss of a key witness, his brother Adewale and by the interference with his reputation, freedom of movement and peace of mind.? The court said no.
On the loss of a key witness Adewale, the court said Adewale’s presence became unnecessary when Kashamu successfully evaded extradition in England by pointing Adewale as the drug trafficker
Additionally,
there is no evidence to show that Kashamu knew the status or location of his
brother in 1998 when he was first charged in the indictment, adding there is no
basis to argue the loss of a key witness who very well may have been
unavailable to him before the time.
Kashamu also brought the issue of his loss of reputation but Norgle’s verdict insisted Kashamu has grown to be an international businessman with so much power in and out of government, who was even assisted by government officials who tendered false documents and witnesses, making it impossible for his extradition to succeed.
Kashamu also brought the issue of his loss of reputation but Norgle’s verdict insisted Kashamu has grown to be an international businessman with so much power in and out of government, who was even assisted by government officials who tendered false documents and witnesses, making it impossible for his extradition to succeed.
“Since his
return to Nigeria 11 years ago Kashamu has lived an open and public life,” the
court said adding his immense accomplishments in business, politics and
humanitarian activities “are not the accomplishments of a man prejudiced by a
15 year old indictment,” adding that he has failed to show any actual prejudice
resulting from the delay in bringing him to trial.
Norgle
added: “On balance although, the length of the fifteen year delay weighs on
Kashamu’s favour, the remaining three factors weigh in favour of the US
Government. So Kashamu’s right to the Sixth Amendment on speedy trial has not
been violated,” while his clinging to Rule 48(b) on his indictment being
purposeful and oppressive is denied.
On the lack
of jurisdiction for violation of due process rights under the Fifth Amendment,
Norgle said the district courts of the United States shall have original
jurisdiction of all offences against the laws of the US. For the foregoing
reasons, noted the judge, Kashamu’s motion to dismiss his indictment is denied.
Tags
Politics
PDP is a party of criminals and looters including ordnary thiefs like GEJ
ReplyDeletePls let him go back to answer his case.too much grammer.Obasanjo has been telling PDP .
ReplyDeleteObasanjo is a blessing to Nigeria.
ReplyDeleteIf there is no case to answer, why scared? Send him there to save Nigeria's image
ReplyDeleteGEJ government can not extradite him to US to answer for his crime. He is his comrade at looting.
ReplyDeleteHe thinks US is Nigeria. If the trial is Nigeria, he would have been free since. Govt officials had helped him to evade extradition from UK. This is why no conviction has been obtained in all the high profile corruption and murder cases in Nigeria. Foreiners in corruption cases in Harlliburton and SIEMMENS have been convicted by their home countries but their Nigeria collaborators are free enjoing endless adjournments in court. Kashamu, go to US and answer your charges. Sorry for Nigeria.
ReplyDelete