Justice Ibrahim Buba of a Lagos Federal High Court yesterday fixed today (Wednesday) for the hearing of the application filed by the embattled senator representing Ogun East senatorial district, Prince Buruji Kashamu, against the National Drugs Law Enforcement Agency, NDLEA, over attempt by the agency to take over his property.
Before adjourning the hearing of the suit, the judge had dismissed the NDLEA’s preliminary objection to the senator’s suit.
Prince Kashamu has filed fresh suit against the NDLEA and the Attorney General of the Federation seeking an order of perpetual injunction restraining both parties from seizing his property.
The suit came up after failed effort by the NDLEA to extradite Kashamu to the United States of America over alleged drug-related offences.
In the suit, the Senator said he had information about plans by the NDLEA and the AGF to take over his properties.
These properties, according to him, included a 24-flat housing estate at Egbe and several hectares of land on Lekki Peninsular, Lagos, worth over N20billion.
The senator claimed to have acquired the properties by dint of hard work and legitimate business as opposed to the respondents’ allegation that they were acquired with proceeds of drug-traffick.
Kashamu’s lawyer, Prince Ajibola Oluyede had claimed that allowing the respondents to seize his client’s properties would amount to a breach of his fundamental right to own property as provided under section 43 and 44 of the constitution.
Already, Justice Buba had by an interim injunction dated June 29, 2015, restrained the respondents and their privies from interfering with Kashamu’s right to own property either in Nigeria or anywhere else, pending the determination of the main suit.
However, the agency through its lawyer, J. N. Sunday, claimed that the interim injunction was granted against public policy.
He added that it amounted to tying the hands of federal government agencies from discharging their legitimate mandates.
The NDLEA also asked Justice Buba to disqualify himself from the case, saying it was afraid that since Buba had presided over Kashamu’s previous case and gave judgment, it might be impossible for him to reach a different conclusion in the fresh case, which stemmed from the earlier case.
AGF’s lawyer, Oyin Koleosho in a preliminary objection also challenged the court’s jurisdiction to hear Kashamu’s suit.
The lawyer, while describing the suit as a “tortuous act” and an abuse of court process which is not within Chapter IV of the 1999 Constitution, said the judge had no jurisdiction to entertain matters bordering on landed property title.

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