By Ikechukwu Nnochiri
ABUJA—THE Abuja Division of the Federal High Court, yesterday fixed August 8 to hear a suit seeking to void the recently signed Presidential Executive Order No. 6, which permits the federal government to confiscate assets belonging to persons facing corruption related charges.
The suit was lodged before the high court by two rights activists, Mr Ikenga Ugochinyere and Kenneth Udeze.
The plaintiffs are praying the court to among other things, determine whether by the combined effects of sections 5, 36 and 43 of the 1999 Constitution, as amended, President Muhammadu Buhari has the powers to issue or implement such order.
They want the court to equally determine whether having regard to the aforementioned sections 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.
As well as to determine whether having regards to the sections, the President could validly exercise his constitutional powers by deliberately undermining the rights of any citizen to fair hearing.
Upon determination of the questions, the plaintiff are seeking a declaration that President Buhari lacks 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.