Justice Ijeoma Ojukwu, a vacation judge of the Federal High Court sitting in Abuja, on Wednesday, fixed August 13 for hearing of a suit seeking nullification of the Presidential Executive Order No. 6, signed by President Muhammad Buhari recently.
Justice Ojukwu slated the date after parties informed the court that they were yet to file and serve each other the relevant processes.
The plaintiff had informed the court that the defendants were yet to serve their counter affidavit to the originating process on them.
In view of the development, the court directed both parties to file and exchange all relevant processes so that the matter would be heard and date for judgement fixed on the next adjourned date. Consequently, Justice Ojukwu adjourned to August 13 for definite hearing.
Plaintiffs in the matter are Ikenga Ugochinyere and Kenneth Udeze, while the defendants include the president and the Attorney-General of the Federation.
Executive Order No. 6 seeks to confiscate and preserve assets connected with corruption and other related offences, and basically aims to ‘improve’ the Buhari administration’s fight against corruption.
Before their prayers, the plaintiffs were seeking the court’s interpretation and determination of the Executive Order No. 6.
They want to know whether the order has a right to take away people’s property as per the names listed in the schedule.
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 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.”
The plaintiffs 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.
By the suit, the plaintiffs 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.
They are asking the court for, “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.”
Daily Independent
