PRESIDENT BUHARI SIGNS EXECUTIVE ORDER 6 PIC 2B. President Muhammadu Buhari signs into Law Executive Order 6 on the Preservation of Suspicious Assets Connected with Corruption held at the Council Chambers State House, Abuja. PHOTO; SUNDAY AGHAEZE. JULY 5 2018.
Raymond Dokpesi, chairman DAAR communications, and Bala Mohammed, a former minister of the federal capital territory (FCT), have asked the federal high court in Abuja to nullify an executive order signed by President Muhammadu Buhari.
Bello Mohammed, a former ambassador, is also a plaintiff in the suit marked FHC/ABJ/CS/1012/2018.
Apart from the president, Abubakar Malami, attorney-general of the federation (AGF), is a defendant in the suit.
In July, Buhari issued executive order No.6 restraining owners of assets under probe from carrying out further transactions on such properties.
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Dokpesi and Mohammed have pending corruption cases in court.
In the originating summons filed at the court, the plaintiffs asked the court to nullify the order on the grounds that it constitutes a “negation” of the presumption of innocence of the plaintiffs until proven guilty by due process of law, as guaranteed by the constitution.
“An order of this honourable court nullifying the presidential executive order No. 6 of 2018 on the ground that the order scandalizes the plaintiffs by stigmatising them as corrupt and labeling their assets as proceeds of corruption liable to forfeiture,” read a document prepared by their lawyers.
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“An order of this honourable court nullifying the presidential executive order No. 6 of 2018 on the ground that it constitutes a violation of the rule against self-help in that the president purports to take action detrimental to the plaintiffs in respect of assets subject of pending litigation between the government and the plaintiffs and in effect to deem the plaintiffs guilty of whatever offences charged against them.
“An order of this honourable court nullifying the presidential executive order No. 6 of 2018 on the ground that the said order does not help the cause of justice, peace, order and good government same being founded on bias, malice and ill-will.
“An order of this honourable court restraining the defendants, their agents, assigns, representatives, privies or howsoever called from implementing or giving effect to the provisions of the presidential executive order No. 6, same being unconstitutional, null and void.”
The plaintiffs argued that the order is a breach of the separation of powers principle under the constitution.
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The summons are supported with a 13-paragraph affidavit signed by Dokpesi and dated September 18.
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