A Federal High Court in Lagos, presided over by Justice Ibrahim Buba on Wednesday adjourned the ruling on the hearing of the Buruji Kashamu’s suit asking the court to stop the National Drug Law Enforcement Agency, NDLEA, and the Attorney General of the Federation, AGF, from taking over his properties to November 8 for judgement.
Kashamu in a case file through his lawyer, Ajibola Oluyede is seeking an injunction stopping the NDLEA and the AGF from confiscating his property, including a 24-flat housing estate at Egbe and several hectares of land on Lekki Peninsular, all located in the state valued at over N20bn.
While asking the court to dismiss the suit filed by Kashamu, the AGF described it as premature, incompetent and an abuse of court processes.
A counsel from the office of the AGF, Mr. Oyin Koleosho, told the court that Kashamu failed to substantiate his claim that the AGF had or was about to confiscate his property.
“It is our contention that there are no evidences backing up the averments made by the applicant.
“There is nothing to show that the applicant has been prevented from owning property or is about to be divested of the ones he owns.
“It is in view of this that Your Lordship should dismiss the applicant’s suit with substantive cost,” Koleosho said
Kashamu’s lawyer, Mr. Ajibola Oluyede, in his argument said the complainant was in court to protect his fundamental right to own property as enshrined under sections 43 and 44 of the 1999 constitution.
Oluyede said, “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 property. 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.”
Also asking the court to dismiss the suit, counsel to 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.
Justice Ibrahim Buba, however, adjourned the case till November 18, for judgment.
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