Kashamu Must Face Trial As ‘Indictment Has No Expiration Date’,US Court Rules



An attempt by  PDP chieftain, Mr Buruji Kashamu to have his indictment lifted by a United States Court has hit a brickwall as a court has ruled that he must face trial “whether voluntarily or involuntarily”.
A ruling this month 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)”
The judge noted that “‎Kashamu remains in Nigeria, living openly, 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….”
Continuing, the ruling obtained by Newsdiaryonline.com said ,”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. In opposing the petition for mandamus the Justice Department tells us that “the prospects for extradition [from Nigeria] have recently improved and, as a result, the government is optimistic about extraditing Kashamu.”
“The implication is that Kashamu’s motion to dismiss the indictment against him is premature, as he may soon find himself in the district court in Chicago, able to present a fuller case that his right to a speedy trial is being violated‎”.
Click to Download the court ruling here