Justice Ibrahim Buba of a Lagos Federal High Court, has fixed Wednesday, November 18, 2015, to deliver ruling in the case filed by embattled Senator Buruji Kashamu against the National Drug Law Enforcement Agency (NDLEA) and the Attorney General of the Federation (AGF).
The embattled senator is praying for an order of perpetual injunction barring the NDLEA and the AGF from taking over his properties, including a 24-flat housing estate at Egbe and several hectares of land on Lekki Peninsular, Lagos, worth over N20bn.
The trial judge, Justice Ibrahim Buba fixed the date after listening to the argument from the parties.
According to counsel from the office of the AGF, 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.
Adding that Kashamu failed to substantiate his claim that the AGF had or was about to take possession of Kashamu's properties.
The AGF also challenged the subject matter jurisdiction of the court to entertain Kashamu's case.
Mr. 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 proprties 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.
"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 this law that we urge Your Lordship to discountenance this argument," Oluyede said.
On its own part, the counsel who appeared for the 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, 2014 for judgment.
Kashamu, whose election into the Senate was recently nullified by the tribunal, filed the suit following the failed effort by the NDLEA to extradite him to the United States of America, where he was alleged to be wanted for alleged drug-trafficking offences.
The move by the NDLEA to extradite Kashamu had hit a brick wall on account of a May 27, 2015 judgment of Justice Okon Abang, which was subsequently reaffirmed by Justice Buba on June 23, 2015.
The embattled senator is praying for an order of perpetual injunction barring the NDLEA and the AGF from taking over his properties, including a 24-flat housing estate at Egbe and several hectares of land on Lekki Peninsular, Lagos, worth over N20bn.
The trial judge, Justice Ibrahim Buba fixed the date after listening to the argument from the parties.
According to counsel from the office of the AGF, 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.
Adding that Kashamu failed to substantiate his claim that the AGF had or was about to take possession of Kashamu's properties.
The AGF also challenged the subject matter jurisdiction of the court to entertain Kashamu's case.
Mr. 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 proprties 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.
"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 this law that we urge Your Lordship to discountenance this argument," Oluyede said.
On its own part, the counsel who appeared for the 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, 2014 for judgment.
Kashamu, whose election into the Senate was recently nullified by the tribunal, filed the suit following the failed effort by the NDLEA to extradite him to the United States of America, where he was alleged to be wanted for alleged drug-trafficking offences.
The move by the NDLEA to extradite Kashamu had hit a brick wall on account of a May 27, 2015 judgment of Justice Okon Abang, which was subsequently reaffirmed by Justice Buba on June 23, 2015.
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