COURT BAR FG FROM SEIZING KASHAMU'S PROPERTIES
Justice Ibrahim Buba of the Federal High Court in Lagos yesterday restrained the federal government from seizing Senator Buruji Kashamu’s properties over drug trafficking allegations.
He held that it would mount to an abuse of powers for the respondents to infringe on Kashamu’s rights without following due process.
The judge, therefore, barred the Attorney-General of the Federation, Abubakar Malami (SAN) and the National Drug Drug Law Enforcement Agency (NDLEA) from violating the senator’s rights to own property.
Kashamu sought an order of perpetual injunction restraining NDLEA and the AGF from taking possession of his belongings.
Kashamu said he learnt of moves by NDLEA and AGF to seize his properties, including a 24-flat housing estate at Egbe and several hectares of land on Lekki Peninsula, Lagos.
According to him, he acquired the properties, which he said are worth N20billion 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 said his right to own property as guaranteed by Sections 43 and 44 of the 1999 Constitution would be breached if the respondents were not perpetually restrained.
Ruling in his favour, Justice Buba held that since previous judgments stopping Kashamu’s extradition had not been discharged, the prosecution cannot take steps against him when the restraining orders were still subsisting.
He said the prosecution was bound to obey the orders until set aside on appeal.
“The judgments of this court are binding on the parties and on this court until set aside on appeal,” he held.
Justice Buba said the federal government cannot sieze Kashamu’s assets on the basis of the same allegations that had been decided upon “whether rightly or wrongly.”
“Consequently this application has merit. Same is granted in the light of the judgments referred to in this ruling,” Justice Buba said.
Justice Buba had, on June 23, reaffirmed a May 27 order by Justice Okon Abang of the same court stopping Kashamu’s arrest and extradition.
Arguing the application, his lawyer, Ajibola Oluyede, said Kashamu had been exonerated from charges of heroine importation into the United States of America.
He said two United Kingdom courts also held that Kashamu has no case to answer, and that one of the courts held that he was mistaken for another person.
Ajibola said it was on the basis of the same dismissed charges that the federal government was making moves to seize his client’s properties.
“The Federal High Court nullified the warrant of arrest. The respondents are still making moves to seize his properties over the same issues over which he has been exonerated and for which the orders were made.
“This action is not pursuing a right in properties. It is seeking to protect the right to own properties. We urge your Lordship to grant this application,” Oluyede said.
But counsel for the AGF, Oyin Koleoso, urged the court to dismiss the suit because Kashamu had no evidence to back his claims.
“Of all the properties the applicant listed, there is nothing to link them with the applicant. No title documents. I urge the court to dismiss the application,” he said.
http://www.thisdaylive.com/articles/court-bars-fg-from-seizing-kashamu-s-assets/226868/
He held that it would mount to an abuse of powers for the respondents to infringe on Kashamu’s rights without following due process.
The judge, therefore, barred the Attorney-General of the Federation, Abubakar Malami (SAN) and the National Drug Drug Law Enforcement Agency (NDLEA) from violating the senator’s rights to own property.
Kashamu sought an order of perpetual injunction restraining NDLEA and the AGF from taking possession of his belongings.
Kashamu said he learnt of moves by NDLEA and AGF to seize his properties, including a 24-flat housing estate at Egbe and several hectares of land on Lekki Peninsula, Lagos.
According to him, he acquired the properties, which he said are worth N20billion 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 said his right to own property as guaranteed by Sections 43 and 44 of the 1999 Constitution would be breached if the respondents were not perpetually restrained.
Ruling in his favour, Justice Buba held that since previous judgments stopping Kashamu’s extradition had not been discharged, the prosecution cannot take steps against him when the restraining orders were still subsisting.
He said the prosecution was bound to obey the orders until set aside on appeal.
“The judgments of this court are binding on the parties and on this court until set aside on appeal,” he held.
Justice Buba said the federal government cannot sieze Kashamu’s assets on the basis of the same allegations that had been decided upon “whether rightly or wrongly.”
“Consequently this application has merit. Same is granted in the light of the judgments referred to in this ruling,” Justice Buba said.
Justice Buba had, on June 23, reaffirmed a May 27 order by Justice Okon Abang of the same court stopping Kashamu’s arrest and extradition.
Arguing the application, his lawyer, Ajibola Oluyede, said Kashamu had been exonerated from charges of heroine importation into the United States of America.
He said two United Kingdom courts also held that Kashamu has no case to answer, and that one of the courts held that he was mistaken for another person.
Ajibola said it was on the basis of the same dismissed charges that the federal government was making moves to seize his client’s properties.
“The Federal High Court nullified the warrant of arrest. The respondents are still making moves to seize his properties over the same issues over which he has been exonerated and for which the orders were made.
“This action is not pursuing a right in properties. It is seeking to protect the right to own properties. We urge your Lordship to grant this application,” Oluyede said.
But counsel for the AGF, Oyin Koleoso, urged the court to dismiss the suit because Kashamu had no evidence to back his claims.
“Of all the properties the applicant listed, there is nothing to link them with the applicant. No title documents. I urge the court to dismiss the application,” he said.
http://www.thisdaylive.com/articles/court-bars-fg-from-seizing-kashamu-s-assets/226868/
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