The much publicised drug related case against controversial Senator, Kashamu Buruji seems to heading somewhere as Court of Appeal on Friday granted the request of the federal government to extradite him to the United States of America (USA) to face trial.
The court voided and set aside all orders made by a federal high court between 2014 and 2017 restraining the government from proceeding with the extradition.
Delivering judgment in an appeal filed by the Attorney General of the Federation and Minister of Justice, Justice Joseph Ikyeghi held that the orders granted Kashamu by Justice Okon Abang were “invalid, nonsensical and unacceptable to laws” because they were based on hearsays and speculations by Kashamu.
The unanimous judgment was prepared by Justice Ikyeghi and was delivered by Justice Yargala Nimpar.
The appellate court held that the hearsay that a former President, Olusegun Obasanjo was instigating the extradition was not established under any law.
The court said that an affidavit deposed to by the senator on the issue was worthless and not in compliance with evidence act because the senator himself claimed that he was told by several persons who were not called to testify in court.
Justice Ikyeghi held that Justice Abang in his two judgments on the issue erred in law by playing undue reliance on affidavit that offended evidence act to give judgment against the Federal government.
Consequently, the order of injunction stopping the extraction process was voided and set aside.
Another order which terminated the extradition process in the second judgment of Justice Abang was also set aside, having been issued in error by the Federal High Court.
The Federal Government had in 2014 moved to extradite Kashamu to USA to answer criminal charges filed against him in an American Court on drug offence.
The American government had approached the Nigerian Government to extradite the senator in line with the extradition treaty between the two countries.
But the Senator through his counsel rushed to the Federal High court with complains that due process of law was not followed in the extradition process.
He claimed in his suit that the person indicted for the alleged drug offense was his younger brother who had a striking resemblance with him.