Senator Buruji Kashamu has filed a fresh suit at the Federal High Court in Lagos, seeking an order of perpetual injunction restraining the National Drug Law Enforcement Agency (NDLEA) and the Attorney General of the Federation from seizing his property.
The new suit comes after the failed effort by the NDLEA to extradite Kashamu to the United States of America, where he is said to be wanted for alleged drug-trafficking offences.
Recall that Justice Buba had, on June 23, 2015, reaffirmed a May 27, 2015 order of Justice Okon Abang of the same court restraining the NDLEA and others from extraditing Kashamu.
In reaction, the NDLEA has asked Justice Ibrahim Buba, in whose court the suit was filed, to withdraw himself from it.
The NDLEA made the request at the resumed proceedings on Tuesday, where it appeared in court with an application seeking to discharge the interim injunction.
The NDLEA’s lawyer, Mr. J. N. Sunday, claimed that the interim injunction was granted against public policy, adding that it amounted to tying the hands of Federal Government agencies from discharging their legitimate mandate.
The anti-narcotics agency also asked Buba to disqualify himself from the case, saying it was afraid that since Buba had adjudicated over Kashamu’s previous case and given judgment, it might be impossible for him to reach a different conclusion in the fresh case, which stemmed from the earlier case.
In the suit, Kashamu said he had got winds of the moves by the NDLEA and the AGF to seize or take over his properties, including a 24-flat housing estate at Egbe and several hectares of land on Lekki Peninsular, Lagos, worth over N20bn.
He said he acquired the properties by dint of hard work and legitimate business as opposed to the respondents’ allegation that the properties were acquired with proceeds of drug-trafficking.
His lawyer, Mr. Ajibola Oluyede, claimed that allowing the respondents to seize Kashamu’s property would occasion a breach of his fundamental right to own property as provided under section 43 and 44 of the Constitution.
Justice Buba adjourned the case till September 30, 2015 to enable the parties to regularise their processes.