Suit over Executive Order No. 6 goes to Appeal Court

PLAINTIFFS in the suit challenging the legality of the Executive
Order No. 6 of 2018 signed recently by President Muhammadu Buhari
for the preservation of assets connected with corruption and other
relates offences has appealed against the judgment of the Federal
High Court in Abuja which upheld the constitutionality of the
Order.

The national chairman of the Action People’s Party (APP), Ikenga
Imo Ugochinyere and the national chairman of the Action Alliance,
Kenneth Udeze, who are both lawyers and plaintiffs in the matter
are praying the appellate court to set aside the judgment of
Justice Ijeoma Ojukwu delivered on October 11, 2018.

Justice Ojukwu, who dismissed the suit as filed by the lawyers
against the Presidential Executive Order 6, had held in her
judgment that it was within the powers of the President, as granted
by the Constitution, to issue Executive Orders for the execution of
executive policies, as long as such orders do not offend the
doctrine of separation of powers.

The trial Judge, who held that the Order which empowers the
Attorney General of the Federation (AGF) to take steps, in liaison
with relevant investigative agencies, to temporarily seize property
linked with corruption pending investigation and conclusion of
trial to prevent the dissipation of such assets, however noted that
the power must be exercised in accordance with the provisions of
the Constitution.

The judge held that the AGF must, at all times, obtain a court
order before seizing any asset and added that, such application for
the court’s permission to seize any suspected asset could be made
ex-parte and held that the Order did not violate the right of
citizens to own property, but was informed by the President’s
willingness to preserve suspected property from being
dissipated.

But, the plaintiffs, in a motion of injunction pending appeal,
want an order of the court restraining the President and the AGF or
any of their agents from enforcing, executing or any other manner
whatsoever giving effect to the Presidential Executive Order No 6,
pending the determination of their appeal filed on Monday at the
Abuja Division of the Court of Appeal against the judgment of the
trial court.

The plaintiffs, in the appeal, which was hinged on four grounds
said the decision of the trial court was a clear violation and
encroachment upon the rights of the citizen and the constitution
and that citizens are entitled to be accorded fair hearing before
they can be made to suffer any legal disability as a result of any
allegation or charge.

They held in their notice of appeal that Justice Ojukwu
misinterpreted Section 5 of the 1999 constitution upon which the
President derived the power to make Executive Order No. 6 of 2018
which is only for the execution and maintenance of the constitution
and all laws made by the National Assembly and not to turn the
executive into a law making organ.

According to the notice of appeal, the trial Judge erred in law
and thereby occasioned a miscarriage of justice when she found that
the Executive Order No. 6 of 2018 did not violate the rights of
citizens to own property and that the Judge erred in law also when
she unilaterally varied and modified the express terms of Executive
Order No. 6 by issuing judicial caution, that the powers of the AGF
must be exercised in accordance with the provisions of the
constitution, instead of nullifying the Executive Order.

They argued that the lower court does not have the powers to
issue an advisory opinion on what the law ought to be as in the
present circumstances and added that the Executive Order 6 violates
the doctrine of separation of powers and all tenets of the
constitutional democracy.

The appellants noted that the trial Judge shut her eyes against
the materials placed before the court and deliberately failed
and/or refused to make specific findings of fact on the issue they
submitted before the court, in view of the fact that, “none of the
persons listed at the First Schedule of the said Presidential
Executive Order No. 6 of 2018 has been found guilty as charged, as
their respective trials are still ongoing in various courts in
Nigeria.”

While saying that the judgment of the lower court was against
the weight of evidence, the appellants want the court of Appeal to
set aside the judgement and allow their relief sought in their
Originating Summons filed on July 13, 2018.