PDP South West Leader,Kashamu Is Still A Wanted Man In US..US Court Rules

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.

“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

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

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:

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.

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.

“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.