Tuesday, September 22, 2015 11:41 pm
Senator Buruji Kashamu from Ogun east district has instituted another legal action to stop an anticipated move by the National Drug Law Enforcement Agency from seizing his property.
But he has an obstacle to climb: the agency has asked Buruji’s favoured judge, Justice Ibrahim Buba to excuse himself from hearing the case because of his past favourable rulings for Buruji.
Buruji is urging the Federal High Court in Lagos to offer him a perpetual injunction restraining the anti-narcotic agency and the Attorney General of the Federation from seizing his property.
In the suit, Kashamu alleged that he got information about a plan by the NDLEA and the AGF to seize or take over his properties which include a 24-flat housing estate at Egbe and several hectares of Land on Lekki Peninsular, Lagos worth over N20 billion.
According to his lawyer, Mr Ajibola Oluyede, allowing the respondents to seize Kashamu’s property is a breach of his fundamental right to own property as enshrined under section 43 and 44 of the constitution.
However, the National Drug Law Enforcement Agency (NDLEA) on Tuesday asked Justice Ibrahim Buba of the Federal High Court, Lagos to disqualify himself from a new suit filed by Senator Buruji Kashamu.
The NDLEA had early in May failed in its effort to extradite Kashamu to the United States of America, where he was said to be wanted for alleged drug related offences.
Justice Buba had on June 23, 2015 reaffirmed the May 27 order by another judge from the same court restraining the agency and others from extraditing Kashamu to United States of America.
Also the judge had earlier granted an interim injunction which retrained the respondents from interfering with Kashamu’s right to own a property either in Nigeria or anywhere in the world pending the determination of the main suit.
At the resumed hearing of the case Monday, NDLEA through its lawyer, J.N Sunday came with an application asking the court to discharge the interim injunction.
The lawyer also asked the judge to disqualify himself from the case, saying that Buba had adjudicated over Kashamu’s previous case and given judgment.
He added that it might be impossible for him to reach a different conclusion in the new case which emanated from the earlier case.
The case was adjourned till 30, September, 2015.
*Reported by Daily Trust Online