Alleged U.S. Conviction: Buruji Kashamu Moves To Register Judgements 13 Years After
BEVERLY HILLS, CA, February 02, (THEWILL) - Apparently worried by continuous allegations of being convicted of criminal wrongdoings in the United States, Nigerian businessman and Southwest Peoples Democratic Party (PDP) stalwart, Buruji Kashamu, has moved to set the record straight and clear himself of any wrongdoing.
Though coming 13 years after judgements he claimed cleared him of wrongdoing were delivered,Kashamu has applied to a Federal High Court sitting in Abuja to register in the United Kingdom the two judgements delivered in the United States of America.
The judgements, in the suits: Governor of HMP Prison, Brixton Vs Government of The United States of America Exparte Buruji Kashamu & Government of the United States of America Vs Buruji Kashamu, were delivered on October 6 and 10, 2000 respectively.
Kashamu, who stated that he did not know that he had to register the two judgements, made the move in a motion exparte filed by his counsel, Dr.
Alex Aigbe Izinyon ( SAN) pursuant to Order 6 Rule 14(1) of the Federal High Court (Civil Rules, 2009 Section 10(a) of the Foreign Judgements (Reciprocal Enforcement) Act Cap.
35 LFN 2004.
Named as respondent to Kashamu's motion is the Attorney General of England Wales .
According to the application, whereas in the judgement of October 6, 2000, District Judge Tim Workman quashed fhe committal order having found the proceedings against Kashamu unfair because the U.
S Government concealed vital identification evience, the judgment of October 10, 2000, which was a full trial declared that he had no question to answer.
"I am however satisfied that the overwhelming evidence here is such that the identification evidence, already tenuous has now been so undermined as to make it incredible and valueless.
" In these circumstances, there is no prima facie case against the defendant and I propose that it should be discharged," District Judge Workman, was quoted as saying in the October 6,2000 judgement.
In the motion exparte filed on behalf of Kashamu, Izinyon prayed Justice Gabriel Kolawole to grant the applicant "the extension of time within which the applicant shall register the judgements in the two suits, namely Governor of HMP Prison, Brixton Vs Government of The United States of America Exparte Buruji Kashamu and Government of the United States of America Vs Buruji Kashamu.
Izinyon also prayed for "an order of this honourable court for leave to issue and serve the prcocesses filed in this suit, outside the jurisdiction of this honourable court on the Respondent to wit: on the Respondent's office at 20 Victoria street, London, England, SW1H ONF.
And in support of the application, Kashamu's counsel formulated 10 grounds, which includes the claim that his client was "unaware that he needed to register the aforesaid judgments delivered in his favour by the said courts in the United Kingdom in Nigeria and out of negligence did not obtain the services of a legal practitioner to specifically advise him on this issue until he was informed by his counsel on December 10, 2013.
He also averred that "the period within which the applicant should register the said judgement by virtue of the Foreign Judgements Act Cap F35 had expired.
Accordingly, he said the applicant therefore required leave of the court "to register the said judgements out of time.