Court up­holds Pres­i­dent Buhari’s Ex­ec­u­tive Or­der 6

Daily Trust - - NEWS - By John Chuks Azu

A Fed­eral High Court in Abuja has up­held the le­gal­ity of the Ex­ec­u­tive Or­der No 6 re­cently signed by Pres­i­dent Muham­madu Buhari for the seizure of as­sets linked with cor­rup­tion.

Jus­tice Ijeoma Ojukwu held yes­ter­day that the pres­i­dent has con­sti­tu­tional pow­ers to make Ex­ec­u­tive Or­ders for Ex­ec­u­tive poli­cies pro­vided it does not de­tract from the prin­ci­ple of sep­a­ra­tion of pow­ers.

She noted how­ever that the Ex­ec­u­tive Or­der, which em­pow­ers the At­tor­ney Gen­eral of the Fed­er­a­tion (AGF) to seize and pre­serve as­sets un­der in­ves­ti­ga­tion, must be ex­e­cuted through a court or­der and other rel­e­vant arms of gov­ern­ment.

The judg­ment fol­lowed a suit by two lawyers: Ikenga Ugochinyere and Ken­neth Udeze, who sought the or­der of the court declar­ing the Ex­ec­u­tive Or­der No 6 as un­con­sti­tu­tional.

In the suit marked: FHC/ABJ/CS/740/2018, they asked the court to among other things, de­ter­mine whether by the com­bined ef­fects of sec­tions 5, 36 and 43 of the 1999 Con­sti­tu­tion, as amended, Pres­i­dent Buhari had the pow­ers to is­sue or im­ple­ment such or­der.

They sought among oth­ers: “A dec­la­ra­tion that the pres­i­dent can­not validly ex­er­cise his con­sti­tu­tional pow­ers by de­lib­er­ately un­der­min­ing, lim­it­ing and/or in­hibit­ing the en­trenched con­sti­tu­tional rights of any cit­i­zen of Nige­ria to fair hear­ing vide the is­suance of the Or­der.”

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