•NDLEA asks judge to hands off trial

Senator Buruji Kashamu has asked the Federal High Court in Lagos to restrain the Federal Government from seizing his property worth N20 billion for alleged drug trafficking allegations.

In a fresh application, he sought an order of perpetual injunction restraining the National Drug Law Enforcement Agency (NDLEA) and the Attorney-General of the Federation from taking possession of his property.

The application is before Justice Ibrahim Buba, who had restrained the NDLEA from arresting or extraditing Kashamu to the United States of America, where he is allegedly wanted.

But NDLEA has asked the judge to hands off the trial.

The agency said since Justice Buba, on June 23, reaffirmed a May 27 order by Justice Okon Abang of the same court stopping Kashamu’s arrest, he might not be fair in the case.

Its lawyer, Mr. J. N. Sunday, claimed the injunction amounted to preventing federal agencies from discharging their constitutional duties.

NDLEA asked the judge to withdraw from the case on the basis that he might not reach a different conclusion in the fresh case having ruled in Kashamu’s favour once.

“This court earlier heard and determined suit No. FHC/L/CS/763/2015. The facts or issues and the parties in the suit are not only the same but are intricately linked and intertwined with this suit.

“Having earlier made findings of facts, it will be difficult, if not impossible for this court to divorce itself from its findings in suit No. FHC/L/CS/763/2015, while considering and writing judgment in this present suit,” Sunday claimed.

According to NDLEA, the case file should be returned to the Chief Judge, Justice Ibrahim Auta, for reassignment to another judge.
Meanwhile, the AGF, represented by Mr. Oyin Koleosho filed a preliminary objection to the action.

It said the court lacked jurisdiction to entertain the suit, which it described as a “tortuous act” that does not fall within Chapter IV of the 1999 Constitution.

According to the AGF, the judge had no jurisdiction to entertain matters of landed property.

Describing the suit as an abuse of court processes, Kolesoho urged Justice Buba to strike it out for failing to disclose any reasonable cause of action against the AGF.

Kashamu said he learnt of moves by NDLEA and AGF to seize his property, including a 24-flat housing estate at Egbe and several hectares of land on Lekki Peninsula, Lagos.

He said the property were worth over N20 billion.

According to him, he acquired the property by dint of hard work and through his legitimate business.

He said contrary to NDLEA’s alleged claim, the property were not proceeds of drug trafficking.

Kashamu’s lawyer Mr. Ajibola Oluyede said his client’s rights to own property as guaranteed by sections 43 and 44 of the 1999 Constitution would be breached if the respondents were not perpetually restrained.

Justice Buba had, on June 29, granted an interim order restraining the respondents and their agents from interfering with Kashamu’s right to own property either in Nigeria or anywhere else, pending determination of the suit.

Upholding Justice Abang’s restraining order in June, Justice Buba held: ”There should be no overzealous conduct from either of the parties. Government agencies must abide by the rule of law to avoid anarchy.

“They (AGF and NDLEA chairman) should be of good behaviour until their appeal is determined

“No matter how aggrieved, they should abide by the order of court until there is a counter order from a superior court.

“For the avoidance of doubt, orders of Justice Abang are still subsisting and must be complied with.”

The judge adjourned the fresh suit to September 30.


http://thenationonlineng.net/kashamu-seeks-to-stop-fed-govt-from-seizing-n20b-property/

Let him explain how he acquire those properties

who said bill Gate is the richest man in the world?......why is it that Nigeria Senators are always in one corruption allegation or other.


if the nigeria politicians are to be among the rank of the richest, I guess bill gate will be in the range of 1500- 2000

OK

THE ONLY THING wey my brain assimilate there, na the 20 BILLION NAIRA.

can someone explain to me how a senator could own a N20b property which he claims is from his own hardwork and dilligence.

The way its, it seems NDLEA boss is looking for PMB attention to secure their stay in office because they perceived they might be fired any moment from now. My advice to them (NDLEA) is to let the man called Buruji be and live his life and his wealth. In facts, I can't stop going hard way against NDLEA until they follow due process as laws is requred.

An I want all Nigerians to know is its just one hundred and fourty something days whey this make just be came senator and it's not been in any political post befor, so it means he work for his properties so I don't know why we like to be survery the innocent when we know those to seize their properties. GOD bless Nigeria.

Must Africans cow tow Europeans and USA citizens in every crap they do? How did Nigeria come about drugs talk less of banned ones? Sometimes it is good to be different with reason.

Chidexter:
THE ONLY THING wey my brain assimilate there, na the 20 BILLION NAIRA.

can someone explain to me how a senator could own a N20b property which he claims is from his own hardwork and dilligence.

it's not when it's become senator, we know him as business man befor.

Duru1:
Must Africans cow tow Europeans and USA citizens in every crap they do? How did Nigeria come about drugs talk less of banned ones? Sometimes it is good to be different with reason.

I can't get you please will you just put it in liter way.

babafoto:



I can't get you please will you just put it in liter way.

Bros in future, citizens of USA and Europeans will legalize the so-called drug as they are shifting away from marijuana now. The question shall be, will Nigeria join in the crusade of legalizing the so-called drug? It appears Africans do not have mind of their freaking own. USA has DEA and suddenly Nigeria followed with NDLEA. I wonder why Nigerians have not formed ATF which shall be NATF. If USA and European countries considered water illegal tomorrow, I am very sure Nigeria will ban water too.

Duru1:


Bros in future, citizens of USA and Europeans will legalize the so-called drug as they are shifting away from marijuana now. The question shall be, will Nigeria join in the crusade of legalizing the so-called drug? It appears Africans do not have mind of their freaking own. USA has DEA and suddenly Nigeria followed with NDLEA. I wonder why Nigerians have not formed ATF which shall be NATF. If USA and European countries considered water illegal tomorrow, I am very sure Nigeria will ban water too.

So you want the Nigerian government to make it easy for you and your people to smuggle drugs to other countries.

Sorry, Nigeria will never support drug smuggling

Baba please come another one wants to slip off through judicial back-door again. We need to replicate Saraki's format on every public servant under trial.

The Judge should be put under close surveillance by the DSS and Presidency.

FatIjeomaOkolie:


So you want the Nigerian government to make it easy for you and your people to smuggle drugs to other countries.

Sorry, Nigeria will never support drug smuggling

I guess you know something about the so-called "drug and smuggling". You wrote in a manner that Nigeria is very good at interdiction of smugglers. Yet Nigeria cannot mange ordinary gutter. What a wastepipe.

Why does the NDLEA love chasing shadows? Everywhere is full of drug addicts, even the so-called celebrities can't do without drugs, yet the NDLEA had failed in their duties to perform their expected obligations to wipe out this non sense from our environment.

Siezure without trial, is he guilty of any offence?

There is a clear distinction between the truth and been guilty. He may not be guilty afterwards.

"Akasoleri" Chukwudi44, come cry Kashamu.

6cence:
Let him explain how he acquire those properties

He doesn't owe anybody any explanation, that is not how the law works in the civilised world.

The onus of proof is always on the accuser. That means that the onus lies on the NDLEA to prove that he acquired those properties through drug trafficking.

It's nobody's business how I made my money if they can't prove that I made it through criminality.