Counsel for suspected drug king Ally Khatibu Haji, alias Shkuba and two others have vowed to continue pursuing the appeal against their extradition to United States, claiming it amounts to contempt of court and a 'raping' of the law.
Shkuba and two Tanzanians Idd Salehe Mfuru and Mr Lwitiko Samson Adam were extradited to US on Monday night to face trial on drug offences - when they had already filed an appeal to the High Court to oppose the extradition ruling issued by Kisutu Resident Magistrate's Court on April 12, this year.
But advocate Hudson Ndusyepo told the Daily News in the city yesterday that they believed the state organs did not abide by the law and procedure in handing over their clients to US authorities because the alleged fugitives had, according to the law, 15 days within which to file an appeal against the extradition order.
"What the state should have done is ... wait until expiry of such period to see whether there was any petition or appeal filed, the absence of which enforcement of extradition order could follow. To the contrary, we filed the petition of appeal within 10 days from the date of extradition ruling," he said.
The advocate, therefore, insisted that they would proceed with prosecuting the appeal, believing that his clients would "emerge victorious at the end of the day," considering the grounds advanced to support their position.
"There are overwhelming chances of succeeding in this appeal because our clients have not committed any offence in USA, but they have just been mentioned by another person to have been involved.
The situation would have been different had they been caught committing that offence and ran away," he said.