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Buruji Kashamu’s Appeal Thrown Out, To Face Trial For Drug Trafficking In US - Politics - Nairaland

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Buruji Kashamu’s Appeal Thrown Out, To Face Trial For Drug Trafficking In US by solaugo(m): 10:30pm On Sep 18, 2014
The United States Court of Appeal has dismissed an appeal filed by Buruji Kashamu, a chieftain of the Peoples’ Democratic Party, PDP, in Ogun State, to quash his indictment for smuggling drugs into the U.S.

In a decision on the appeal by Circuit Judges Posner, Kanne, and Tinder; the judges noted that Mr. Kashamu did not want to be extradited to the U.S. to stand trial on the “very serious criminal charges” against him.’

In May, a U.S. District Court had equally denied a motion by Mr. Kashamu, a close ally of President Goodluck Jonathan, to quash his indictment by a U.S. court.

Mr. Kashamu and 14 others were, in 1998, charged by a federal grand jury for their alleged involvement in an international conspiracy to smuggle heroin into the US.

But the politician, a major campaigner for President Jonathan in the South West, allegedly fled to the U.K. where repeated efforts by the U.S. to extradite him failed, before he returned to Nigeria.

In the court ruling delivered on September 15 by Judge Posner, the US court noted that Mr. Kashamu has remained in Nigeria, where he is living openly as a prominent businessman and a politician belonging to the ruling party.

“Although the United States has an extradition treaty with Nigeria, our government has made no effort to extradite him….,” Judge Posner said.

“‎He is correct that the district court has no jurisdiction over him at present. But should he ever come to the United States, whether voluntarily or involuntarily, he could be put on trial in the federal district court in Chicago, since the indictment has no expiration date.

“An original indictment remains pending until it is dismissed or until double jeopardy or due process would forbid prosecution under it. ‘United States v. Pacheco, 912 F.2d 297, 305 (9th Cir. 1990); see also United States v. Smith, 197 F.3d 225, 228–29 (6th Cir. 1999)’

“Only two possible avenues of relief remain open to him. One is to return to the United States to stand trial, and at trial (or in pretrial proceedings) renew his motion for dismissal on the basis of the speedy-trial clause; were the motion denied and he convicted, he could challenge the dismissal on appeal. His other possible recourse is to obtain from us, as he is trying to do, a writ of mandamus ordering the district court to dismiss the indictment.

“As he won’t risk the first path to relief, which would require him to come to the United States and fall into the clutches of the federal judiciary, he must rely entirely on mandamus.

Read more @ http://newsnownigeria.com.ng/american-court-dismisses-buruji-kashamus-appeal-says-he-must-face-trial-for-drug-trafficking/
Re: Buruji Kashamu’s Appeal Thrown Out, To Face Trial For Drug Trafficking In US by kel4soft: 11:21pm On Sep 18, 2014
Is he not among those receiving national award?

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Re: Buruji Kashamu’s Appeal Thrown Out, To Face Trial For Drug Trafficking In US by mistudreh(m): 11:41pm On Sep 18, 2014
Chai.... Karma na bastard! Since 1988, if to say na Nigeria dem go don bury the case.
US go finish this guy like Ibori.

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