A judge of the Federal High Court in Lagos, Justice Ibrahim Buba, has refused to disqualify himself from adjudicating on a suit filed by Senator Buruji Kashamu.
Senator Kashamu wants the court to restrain the Federal Government from seizing his properties over drug trafficking allegations.
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 properties
Justice Buba had earlier restrained the NDLEA from arresting or extraditing Kashamu to the United States of America, where he is allegedly wanted.
But the NDLEA asked the judge to ‘hands off’ the trial.? It 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.
The Agency claimed the injunction amounted to preventing federal agencies from discharging their constitutional duties.
The NDLEA also 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.
It requested that the case file be returned to the Chief Judge, Justice Ibrahim Auta, for reassignment to another judge.
Refusing the application, Justice Buba said he would not shy away from deciding a case merely because of an unsubstantiated accusation of bias.? He dismissed the application, saying it lacked merit.
Meanwhile, Senator Kashamu has alleged that there was a move by the NDLEA and AGF to seize his property, including a 24-flat housing estate at Egbe and several hectares of land on Lekki Peninsula, Lagos.
According to him, he acquired the property, which he said was worth 20 billion Naira, by dint of hard work and through his legitimate business.
He said contrary to the NDLEA’s claims, the property were not proceeds of drug trafficking.
Mr Kashamu’s application would be heard by the court on Wednesday.
Credit : ChannelsTV