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Extradition: Court of Appeal dismisses Kasamu’s application

BY LUKMAN OLABIYI

The Court of Appeal sitting in Lagos has dashed the hope of a Peoples Democratic Party (PDP) chieftain, in Ogun State, Prince Buruji Kasamu, over his attempt to overturn the judgment of the court to extradite him to the United States by the Federal Government.

Prince Kasamu had prayed the court to set aside its judgment delivered on July 2 regarding the supposed attempt to extradite him to the United States.

The court in its verdict held that the appeal lacked merit and consequently awarded N50, 000 cost in favour of the Federal Government.

Delivering the lead ruling, Justice Abdu Aboki (presiding) held that there was no complaint relating to the composition of the panel that heard the appeal as to the qualification of its members, except the vague and unfounded insinuation, against the presiding judge of the Court of Appeal, Lagos Division, Justice Amina Augie.

“A court is competent when it is properly constituted as regards the number and qualification of members of the Bench. The subject matter is within its jurisdiction, no feature in the case prevents the court from exercising its jurisdiction and the case has been initiated by due process and in fulfillment of conditions precedent.

“Let me state that there is no iota of evidence in this application that as at the time the learned presiding judge of Lagos division assigned the appeal for hearing by a panel, she no longer possessed the lawful authority to do so,’’ the court held

Consequently, the court adopted the argument of counsel to the Federal Government, Chief Emeka Ngige (SAN) that the panel was validly constituted and that the judgement delivered on July 2, 2013 was valid and legitimate.

Justice Aboki further held that since the applicant (Buruji Kashamu) had appealed to the Supreme Court, the Court of Appeal lacked jurisdiction to entertain any application seeking reliefs on a suit pending before the apex court.

Two other Justices, Isaiah Olufemi Akeju and Ibrahim Shata Bdliya also aligned with the lead judgement.

Kashamu had in his petition urged the court to constitute an independent panel to hear the case pending the appeals involving him.

He averred in an affidavit in support of the appeal, that: “In spite of the petition alleging likelihood of bias against the Lagos division of this court, and without awaiting the outcome of the said petition written to the president of the Court of Appeal, a hearing notice was sent out fixing hearing for April 18, 2013.”

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4 Comments

  1. Chidi November 14, 2013 at 5:27 am

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  2. Akins November 14, 2013 at 12:58 pm

    Sorry, Prince Buruji Kasamu your father is not Mr justice Babalakin who has seen Obasanjo behind closed doors and had his sons case; Dr Bola Babalakin, swept under the carpet. You are to be extradited or maybe you should get your daddy to go and do the same.

  3. Ejike, New York. November 14, 2013 at 2:45 pm

    Bring him here to spend the rest of his miserable life in jail. America is not nigeria that reels in impunity. RIP Late okon dog, wife and kids.

  4. Owerri November 14, 2013 at 4:50 pm

    When did Nigeria nation signed such pact with US? Is this not another re-colonisation in disguise? Mr Buruji Kasamu should remain in Nigeria and face whatever charges deemed fit by the constituted Law court to handle any charges against him taken Mr Kasamu outside the shores of this land means he has been adjudged guilty in absentia .
    How many Americans has been extradited in likewise manner to Nigeria to face criminal charges? They should swerve similar cases if need be but picking our national in any guise is completely unacceptable to me and I must refute this . What sort of nonsense is this? Is Nigeria no more a sovereign state? This decision looks so weakening.

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