Justice Ibrahim Buba held that it would amount to abuse of powers for the respondents to infringe on Kashamu’s property 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 assets.
The Senator said he learnt of moves by agents of the Federal Government 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 worth N20billion, by dint of hard work and through his legitimate business.
He said contrary to NDLEA’s alleged claim, the properties were not proceeds of drug trafficking.
The Senator 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 or vacated, the prosecution could not take steps against him when the restraining orders were still subsisting.
He said the prosecution was bound to obey the orders until set aside by the Court of Appeal.
Justice Buba said the Federal Government cannot seize Kashamu’s assets on the basis of the same allegations that had been decided upon by the court “whether rightly or wrongly.”