EO6 illegal, Scary – Ozekhome

Human rights activist and constitutional lawyer, Mike Ozekhome,
SAN, Sunday condemned the directive of President Muhammadu Buhari
for the full execution of Executive Order 6, EO6, which not only
ban 50 prominent Nigerians from travelling abroad but also seeks to
confiscate their assets currently under investigation.

Reacting to the development, Ozekhome described it as an
arbitrary and obnoxious act capable of undermining the fundamental
rights of the affected persons.

According to him, “EO 6 violates the doctrine of separation of
powers, the 1999 Constitution, the rule of law and all tenets of
constitutional democracy.

“It is highhanded, obnoxious, barbaric and arbitrary. It
violently erodes the hallowed fundamental rights that are
inalienable and God-given. It seeks to strike terror and fear in
the minds of Nigerians, especially the opposition and critical
voices.”

The Senior Advocate of Nigeria and firm critic of the All
Progressives Congress, APC-led administration added that the EO6
seeks to “usurp the functions of a court of law and the National
Assembly that has already promulgated the Economic and Financial
Crimes Commission, EFCC, the Independent Corrupt Practices and
Other Offences Related Commission, ICPC and the Money Laundering
Acts,all of which allow for interim forfeiture and attachment of
citizens’ money and properties,but with an order of a court of
law.”

While insisting that the order may not in itself be wrong, the
process of its implementation, he argued but not violates the
provision of the 1999 Constitution (as amended).

“That was what Justice Ijeoma Ojukwu said in her judgement. She
made it clear that although Executive Order 6 was not itself
wrong,but that the Attorney General of the Federation must first
obtain an order of court under section 174 of the Constitution,and
that the enforcement of the order must never derogate from the rule
of law,or derogate from the doctrine of separation of powers,or the
fundamental rights of Nigerians.

“No one has ever doubted the legality of Executive Orders,which
are regularly issued by American Presidents,wherefrom we borrowed
our Presidential system but same must conform with laid down
procedure,due process, citizens’ rights and the rule of law.”