Court to rule in Kashamu’s property seizure case Nov 18

Federal High Court, Lagos, Wednesday fixed November 18 to decide on the case filed by embattled Senator Buruji Kashamu against the National Drug Law Enforcement Agency, NDLEA and the Attorney-General of the Federation, AGF.

Kashamu is praying for an order of perpetual injunction barring NDLEA and AGF from taking over his properties, including a 24-flat housing estate at Egbe and several hectares of land on Lekki Peninsula, Lagos worth over N20bn.

The trial judge, Ibrahim Buba, adjourned for ruling after listening to the argument from the parties.

Counsel from the AGF’s office, Mr. Oyin Koleosho, in his preliminary objection described Kashamu’s suit as premature, incompetent and an abuse of court processes and asked the court to dismiss it.

He submitted that Kashamu failed to substantiate the claim that the AGF had/or was about to take possession of his properties.

The AGF also challenged the subject matter jurisdiction of the court to entertain Kashamu’s case.

Koleosho argued that since Kashamu’s case bordered on landed property title, the Federal High Court had no jurisdiction to entertain it.

But Kashamu’s lawyer, Mr. Ajibola Oluyede, said Kashamu was in court to protect his fundamental right to own properties as enshrined under sections 43 and 44 of the 1999 Constitution.

“That is the reason we have come to the court this time round to protect the right of the applicant to own property.

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“This action is not pursuing a right in property; the action is pursuing a right to own properties. The right in property and the right to own property are two different things.

“It is on the basis of these facts and on the basis of this law that we urge Your Lordship to discountenance this argument,” Oluyede said.

On its part, the counsel who appeared for NDLEA, Mr. Oigoga Ichakpa, said the agency was also opposed to Kashamu’s suit and had filed a counter-affidavit.

Ichakpa adopted the counter-affidavit and urged the judge to dismiss Kashamu’s case.

Buba adjourned till November 18 for judgment.