The Illegality And Unconstitutionality Of The Freezing Order By The CBN: The Need For The Independence Of The Various Arms Of Government

By Nkem Okoro Esq.

The action of the Governor of the Central Bank of Nigeria, by
freezing the accounts of individuals involved in the end SARS
protest, is demonic, unconstitutional, illegal and unlawful.

It is further an indictment on the judiciary that such a
draconian order would be made freezing the accounts of individuals
while investigations are on-going, on the basis of their alleged
involvement with end SARS protest. Where then lies the
constitutional presumption of innocence? Where then lies one of the
twin pillars of natural justice; audi altarem partem? Where then is
the fair hearing?

By this order, the court has breached one of the twin pillars of
natural justice, which is, “hear the other side of the case”. It is
also very unfortunate that such an order that will subject the
citizens to further economic hardship would be given ex parte in
view of the current harsh state of affairs in the country. Is the
government out of touch with the people?

Furthermore, except where there are statutory provisions
otherwise, one fundamental consideration before a court can make or
grant an ex parte application, is “balance of convenience.” If the
court had balanced the convenience prior to the grant of the order,
such an order ought not to have been granted in the first instance,
given the prevailing circumstances.

Our institutions should be neutral and independent of the
executive arm of government. What the CBN governor has done is
morally and legally wrong. In the face of the order, it was not
stated the statutory provisions under which the application was
made. I am very certain that the CBN Governor, by virtue of the CBN
Act and BOFIA, has no powers to freeze the accounts of individuals
on the basis,upon which it was done.I have gone through the entire
provisions of the CBN Act, and BOFIA Act, there is no where that
the CBN Governor is given or endowed with the powers to freeze the
accounts of individuals.

The affected parties should go to court and challenge the orders
made, as such orders infringe upon their rights to fair hearing and
presumption of innocence as provided for in section 36 of the 1999
Constitution as amended.

I also expect that the NBA should issue a public statement
condemning the actions of the CBN Governor and further offer legal
assistance to the victims of this illegally obtained freezing
order.

Nkem Okoro Esq.
Constitutional Lawyer and Human Rights Activist

By Nkem Okoro Esq.

The action of the Governor of the Central Bank of Nigeria, by
freezing the accounts of individuals involved in the end SARS
protest, is demonic, unconstitutional, illegal and unlawful.

It is further an indictment on the judiciary that such a
draconian order would be made freezing the accounts of individuals
while investigations are on-going, on the basis of their alleged
involvement with end SARS protest. Where then lies the
constitutional presumption of innocence? Where then lies one of the
twin pillars of natural justice; audi altarem partem? Where then is
the fair hearing?

By this order, the court has breached one of the twin pillars of
natural justice, which is, “hear the other side of the case”. It is
also very unfortunate that such an order that will subject the
citizens to further economic hardship would be given ex parte in
view of the current harsh state of affairs in the country. Is the
government out of touch with the people?

Furthermore, except where there are statutory provisions
otherwise, one fundamental consideration before a court can make or
grant an ex parte application, is “balance of convenience.” If the
court had balanced the convenience prior to the grant of the order,
such an order ought not to have been granted in the first instance,
given the prevailing circumstances.

Our institutions should be neutral and independent of the
executive arm of government. What the CBN governor has done is
morally and legally wrong. In the face of the order, it was not
stated the statutory provisions under which the application was
made. I am very certain that the CBN Governor, by virtue of the CBN
Act and BOFIA, has no powers to freeze the accounts of individuals
on the basis,upon which it was done.I have gone through the entire
provisions of the CBN Act, and BOFIA Act, there is no where that
the CBN Governor is given or endowed with the powers to freeze the
accounts of individuals.

The affected parties should go to court and challenge the orders
made, as such orders infringe upon their rights to fair hearing and
presumption of innocence as provided for in section 36 of the 1999
Constitution as amended.

I also expect that the NBA should issue a public statement
condemning the actions of the CBN Governor and further offer legal
assistance to the victims of this illegally obtained freezing
order.

Nkem Okoro Esq.
Constitutional Lawyer and Human Rights Activist