Move to seize N20b property: Kashamu heads to court to block FG

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NIGERIA: IN anticipation of the Federal Government’s likely move, the embattled Senator Buruji Kashamu has enjoined the Federal High Court in Lagos to restrain President Muhammadu Buhari government from seizing his property.

At the same time, the National Drug Law Enforcement Agency (NDLEA) has kicked against Justice Ibrahim Buba from handling the case as he had earlier – in another suit – restrained the agency from arresting and extraditing the Senator to the US where he is allegedly wanted for drug related offences.

Similarly, the Attorney General of the Federation, who was represented by Mr. Oyin Koleosho, has filed preliminary objected to Kashamu’s suit, saying that the court lacked jurisdiction to entertain the suit.

The chief law officer, who said that the suit lacked necessary ingredients to succeed as it doesn’t fall within Chapter IV of the nation’s constitution, justified his stand saying that the judge lacked jurisdiction to entertain issues bordering on landed property.

The agency, in its argument, enjoined Buba to disqualify himself from handling the case, as his ability to discharge his duties fairly on the matter was in doubt.

Kashamu, who is representing Ogun East Senatorial District in the Upper Chamber, in his application, asked the court to grant an order of perpetual injunction restraining the NDLEA and the Attorney-General of the Federation from seizing his property worth over N20 billion.

While justifying its call for the judge to step aside, the NDLEA counsel, Mr. J.N. Sunday, said that since Buba had last June 23 reechoed the order of Justice Okon Abang, also of the same court, which was made last May 27 not to arrest Kashamu, there was no guarantee that he would be fair in adjudicating over the case.

“This court had earlier heard and determined suit number FHC/L/CS/763/2015,” Sunday said.  “The facts or issues and the parties in the suit are not only the same but are intricately linked and intertwined with this suit.”

He argued further: “Having earlier made findings of facts, it will be difficult, if not impossible, for this court to divorce itself from its findings in suit number FHC/L/CS/763/2015, while considering and writing judgment in this present suit”

Sunday demanded that it would be logical for the case file to be turned back to the Chief Judge, Justice Ibrahim Auta, who should reassign the case to another judge for adjudication.

Auta, however, has adjourned the suit till September 30, 2015.