The Federal High Court Abuja has fixed August 8 to hear a suit challenging the Presidential Executive Order No. 6 of 2018 on the preservation of assets connected with corruption and other relates offences.
The vacation Judge, Justice Ijeoma Ojukwu, fixed the date following an application by two lawyers, Mr Ikenga Ugochinyere and Kenneth Udeze, the plaintiffs, that the matter be heard during the court’s vacation.
The plaintiffs are seeking the court’s interpretation and determination of the Executive Order No. 6, whether the order has a right to take away people’s property as per the names listed in the schedule. The defendants in the suit are the President and the Attorney-General of the Federation.
“And whether having regard to the combined effect of Sections 5, 36 and 43 of the Constitution, the act or conduct of the president in issuing the order which intends to interfere with ownership, and disposition of assets or properties of the persons listed at the First Schedule is constitutional.”Arguing the matter through their counsel, Mr Obed Agu, they asked the court to determine whether by the combined effects of Sections 5, 36 and 43 of the Constitution, the President lacked the powers to issue the order.
They also want the court to determine whether having regards to the same sections, the president can validly exercise his constitutional powers by deliberately undermining the rights of any citizen to fair hearing.
According to the plaintiffs, having determined the questions above, they want the court to declare that the president lacked the powers to issue executive order No.6 as it is not connected with the execution and maintenance of the constitution.
“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.
“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.
Consequently, they are asking for an order of court setting aside and/or nullifying the provisions of the Executive Order No. 6 for being unlawful, unconstitutional, illegal, null and void. The plaintiffs also want an order of injunction restraining the defendants from enforcing or giving any or further effect to the order.
(NAN)
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