Court urged to void Buhari’s Executive Order 6

Lawyers argue it infringes citizens’ right to own properties

Judge fixes hearing for August 8

 

A Federal High Court in Abuja has been asked to void the Executive Order 6 issued on July 5 this year by President Muhammadu Buhari, which allows the government to seize of assets linked to ongoing criminal trials and investigations.

The request forms the core relief in a suit filed by two lawyers – Ikenga Ugochinyere and Kenneth Udeze – with President Buhari and the Attorney General of the Federation (AGF) as defendants. The suit is marked: FHC/ABJ/CS/740/2018.

The plaintiffs contended that by the provisions of sections 5, 36 and 43 of the Constitution, the President lacked the power to issue the Executive Order.

They argued that by issuing the Executive Order, the President allegedly encroached on the constitutionally guaranteed right of citizens to own properties, a right to which persons, who are standing trial or being investigated, but yet to be convicted, are also entitled.

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The plaintiffs added that by virtue of the provisions of sections 5, 36 and 43 of the Constitution, the President lacked the power to issue such an order “on matters not connected with the ‘execution and maintenance of the Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time, being power to make laws.”

They urged the court to restrain both defendants from enforcing it and prayed for a declaration that “the act or conduct of the president in issuing the order interfere with, or encroach into the ownership, or otherwise of the assets or properties of any person without such person being found guilty by a court of competent jurisdiction, is unconstitutional, null and void.

The plaintiffs equally want 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.”

When the case was called on Wednesday, Obed Agu, announced appearance for the plaintiffs, while Bashir Mohammed appeared for the defendants.

Mohammed informed the court that he has filed a memorandum of conditional appearance and that he intends to file a preliminary objection to challenge the competence of the suit.

Justice Ijeoma Ojukwu adjourned to April 8 for hearing.

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