By Onyewuchi Ojinnaka
Senior Correspondent
The fate of Senator Buruji Kashamu from Ogun State will be determined by the Court of Appeal Lagos Division when it delivers its judgement on the appeal filed by the Federal Government for his extradition from the United States of America (USA).
On Thursday March 8, the appelate court reserved judgment in the appeal filed by the Attorney-General (AGF) of the Federation challenging the decisions of two lower courts which gave restraining orders against the extradition of Senator Buruji Kashamu, on the grounds that due process was not followed.
The three-man panel of the appellate court led by justice Joseph Ikhegh reserved the judgement after the arguement and adoption of written addresses by the parties.
In the suit, the Federal Government is seeking the extradition of Senator Kashamu representing a senatorial zone in Ogun State from the United States of America (USA) to answer criminal charges on drug-related offences.
While adopting his written address,counsel representing the AGF on behalf of the Federal Government Mr Emeka Ngige (SAN), urged the court to allow the Federal Government suit against the senator. Ngige submitted that the appellant’s suit was dated October 31, 2017, and filed on the same date.
He further told the court that the issues raised by the respondent (Kashamu), in his preliminary objection were ‘hearsay evidence’, which formed the basis of the judgment of the suit at Federal High Court.
The FGN’s counsel also told the court that he had responded to the preliminary objection filed by Kashamu in a brief dated January 24, 2018, urging the court to dismiss the preliminary objection and allow the appeal filed by the Federal government.
In his submission, Kashamu’s counsel Mr Lateef Fagbemi (SAN) leading other counsel Mr Hakeem Afolabi (SAN) urged the court to dismiss the Federal government’s appeal, pointing out to the court that the preliminary objection was dated and filed November 7, 2017.
Fagbemi told the court that the submission made by AGF is not applicable to the facts before the appellant court, adding that they are two different facts, words to words. He therefore urged the court to dismiss the AGF’s appeal against his client.
The return of parties to the appellate court followed the withdrawal of all motions filed by Kashamu at an Abuja Federal High Court.
The court of appeal is expected to determine the merit of the issues raised by the Federal Government and the defence by the senator.
According to Ngige (SAN) the AGF’s appeal, was consequent upon the Extradition Treaty between the Federal Government and the U.S.A.The office of the AGF had filed the appeal on behalf of the Federal Government against the Judgments of Justice Ibrahim Buba of the Federal High Court, Lagos, and another by Justice Okon Abang of Abuja division.
He averred that the appeal is challenging the decisions of the two lower courts which placed a hold on the planned extradition through a restraining order, on the ground that due process of law was not followed.
While urging the appellant court to set aside the judgments of the two justices of the lower court on grounds of miscarriage of justice and grant the appeal of the AGF, Ngige contended that Kashamu suppressed facts before the lower court to secure the restraining order against his extradition.
Besides, he argued that the two judges erred in law by issuing order in favour of the senator without evaluating the documentary evidence placed before them during the hearing.
AGF prayed the appellate court to nullify and set aside the two judgments.