Justice Ibrahim Buba of a Federal High Court sitting in Lagos has fixed November 18, 2015 to give judgment on the fundamental human rights case filed by Mr. Buruji Kashamu against the National Drug Law Enforcement Agency, NDLEA and the Attorney General of the Federation.
Kashamu is praying for an order of perpetual injunction restraining the NDLEA and the AGF from taking over his property, including a 24-flat housing estate at Egbe and several hectares of land on Lekki Peninsula, Lagos, worth over N20 billion.
He is also asking the Court to guarantee his fundamental human right to own properties as enshrine in sections 43 and 44 of the 1999 constitution.
The AGF, in its preliminary objection, said that Kashamu’s suit is premature, incompetent and an abuse of court processes and asked the court to dismiss it.
A counsel from the office of the AGF, Mr. OyinKoleoso, submitted that Kashamu failed to substantiate his claim that the AGF had or was about to take possession of his property.
Koleoso said: “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.”
That is the reason we have come to the court this time around 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,” Oluyede said.
Counsel to the NDLEA, Mr. OigogaIchakpa, said the agency was also opposing Kashamu’s suit and that it had filed a counter-affidavit.