Senator Buruji Kashamu has asked the Federal High Court in Lagos to restrain the Federal Government from seizing his property worth N20 billion for alleged drug trafficking allegations.
In a fresh application, he sought an order of perpetual injunction restraining the National Drug Law Enforcement Agency (NDLEA) and the Attorney-General of the Federation from taking possession of his property.
The application is before Justice Ibrahim Buba, who had restrained the NDLEA from arresting or extraditing Kashamu to the United States of America, where he is allegedly wanted.
But NDLEA has asked the judge to hands off the trial.
The agency said since Justice Buba, on June 23, reaffirmed a May 27 order by....
Justice Okon Abang of the same court stopping Kashamu’s arrest, he might not be fair in the case.
Its lawyer, Mr. J. N. Sunday, claimed the injunction amounted to preventing federal agencies from discharging their constitutional duties.
NDLEA asked the judge to withdraw from the case on the basis that he might not reach a different conclusion in the fresh case having ruled in Kashamu’s favour once.
According to NDLEA, the case file should be returned to the Chief Judge, Justice Ibrahim Auta, for reassignment to another judge.
Meanwhile, the AGF, represented by Mr. Oyin Koleosho filed a preliminary objection to the action.
It said the court lacked jurisdiction to entertain the suit, which it described as a “tortuous act” that does not fall within Chapter IV of the 1999 Constitution.
According to the AGF, the judge had no jurisdiction to entertain matters of landed property.
Describing the suit as an abuse of court processes, Kolesoho urged Justice Buba to strike it out for failing to disclose any reasonable cause of action against the AGF.
Kashamu said he learnt of moves by NDLEA and AGF to seize his property, including a 24-flat housing estate at Egbe and several hectares of land on Lekki Peninsula, Lagos.
He said the property were worth over N20 billion.
According to him, he acquired the property by dint of hard work and through his legitimate business.
He said contrary to NDLEA’s alleged claim, the property were not proceeds of drug trafficking.
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