PRESIDENTIAL EXECUTIVE ORDER No.6 of 2018 ON THE PRESERVATION OF SUSPICIOUS ASSETS CONNECTED WITH CORRUPTION AND OTHER RELEVANT OFFENCES
Whereas it is the responsibility of the Federal Government of Nigeria to protect the resources of Nigeria from all forms of Corruption;
Whereas Corruption constitutes an unusual and extraordinary threat to the well-being, national security and stability of the country’s political and economic systems, as well as its continuous existence; and must be effectively addressed;
By the powers vested in me under Section 5 of the 1999 Constitution as amended which extends to the execution and maintenance of the Constitution, all Laws made by the National Assembly (including but not limited to Section 15(5) of the Constitution) to, abolish all corrupt practices and abuse of power, it is the duty of any responsible government to restrict dealings in suspicious assets subject to corruption related investigation or inquiries in order to preserve same in accordance with the rule of law and to guarantee and safeguard the fundamental human rights;
Now therefore, I, Muhammadu Buhari, President of the Federal Republic of Nigeria, in exercise of the powers conferred on me hereby declare as follows:
Section 1. (a) Without prejudice to any laws or existing suits or any other rights arising out of or in respect thereof, all Assets of any Nigerian citizen within the territory of the Federal Republic of Nigeria, or within the possession or control of any person known to be a current or former government official, a person acting for or on behalf of such an official, any politically exposed person or any person who is responsible for or complicit in, or has directly or indirectly engaged in Corrupt Practices and Other Relevant Offences are forthwith to be protected from dissipation by employing all available lawful or statutory means, including seeking the appropriate Order(s) of Court where necessary, and shall not be transferred, withdrawn or dealt with in any way until the final determination by a court of competent jurisdiction of any corruption related matter against such a person.
This provision shall, in particular, apply to those connected with persons listed in the First Schedule to this Order, (or any such list as may be issued by the Attorney General of the Federation and Minister of Justice).
(b) Where a Government official or a person acting for and on behalf of such an official, directly or indirectly, engages in Corrupt Practices such as misappropriation of State assets for personal gain, receives any form of bribe or engages in Corrupt Practices related to the performance of his/her duties or the award or execution of Government contract; or transfers, launder or facilitates the transfer or laundering of proceeds of illicit activities, such official, in addition to forfeiting the proceeds in accordance with the relevant laws, shall forthwith be subject to the disciplinary procedure in accordance with the Public Service Rules and investigation by the Code of Conduct Bureau.
(c) (i) Subject to Section 174 of the Constitution, the Attorney General of the Federation shall have power to coordinate the implementation of this Order and to enlist the support of any Enforcement Authority particularly those listed in Second Schedule to this Order, or any other Person or Entity as may be required or permitted by applicable Law in order to give effect to this Executive Order.
(ii) The Attorney-General shall from time to time publish a list of all Assets protected pursuant to this Order.
(iii) The authority of the Attorney General of the Federation to preserve Assets pursuant to this Order shall extend to any Person who is under investigation in accordance with applicable law in connection with having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or howsoever in support of any Corrupt Practices or Other Relevant Offences by any Person whose Assets are protected pursuant to this Order; or any Entity that has engaged in, or whose members have engaged in, any Corrupt Practices or Other Relevant Offences,
Provided however, that the Attorney-General shall at all times in this connection, employ all available lawful or statutory means, including seeking the appropriate Order(s) of Court where necessary, and ensure that Assets shall not be transferred, withdrawn or dealt with in any way until the final determination by a court of competent jurisdiction of any corruption related matter against such a person.
(iv) Where the Attorney-General has reasonable cause to believe that any funds or assets within Nigeria is connected with Corruption, the Attorney-General may, subject to his powers under Section 174 of the Constitution and other laws enabling him in that regard, approach the Court for an Order blocking or freezing or confiscating such funds or assets pending the conclusion of an investigation or legal action.
(d) Enforcement Authorities shall upon request communicate to the Attorney General of the Federation and Minister of Justice information arising from their investigation or enquiry on any Person (Nigerian or non-Nigerian), whether resident in Nigeria or not, determined by such Enforcement Authority to have directly or indirectly engaged in or involved in Corruption within the territory of the Federal Republic of Nigeria, and the Attorney General shall immediately commence or direct the commencement of appropriate process(es) either administratively or judicially as may be necessary subject to existing applicable law.
Section. 2. (a) Any Person who in circumvention of this Executive Order attempts to or in fact: (i) interferes with the free exercise of the authorities of the Office of the President, (ii) destroys evidence, (iii) corrupts witnesses through cash/kind inducements, and (iv) generally perverts the course of justice shall be prosecuted in line with the provision of any Law(s) governing unlawful acts.
Section. 3. (i) Any Person who alleges that his rights have been, are being or are likely to be contravened by any of the provision of this Executive Order may apply to a competent Court in his jurisdiction for redress.
Section. 4. All Enforcement Authorities are hereby directed to diligently and rigorously collaborate with the Federal Ministry of Justice in implementing this Order to ensure the preservation of suspicious assets and prevent their dissipation or removal from the jurisdiction of Nigerian courts, in order to facilitate, support and enable the expeditious and accelerated prosecution of the alleged Corrupt Practices, serious or complex corruption, and Other Relevant Offences. Heads of Enforcement Authorities shall take personal responsibility and be subject to appropriate sanctions for any failure to comply with this Order.
Section. 5. For the purposes of this Order:
(a) The term “asset’’ means and shall include all properties including funds, liquid assets (bank balances), receivables, stocks and bonds held in portfolios, insurance policies, shares in listed or unlisted companies, and all manner of fixed assets. It shall cover all such assets whether held directly or indirectly through corporate entities, trust structures and intermediaries;
(b) The term “corruption or corrupt practices’’ means as may be defined under any enactment:
(i) any corrupt activity involving matters of corruption generally economic sabotage, human trafficking, drug trafficking and terrorism involving funds or assets in the sum or value in excess of fifty million Naira (N50,000,000) or its equivalent in foreign currency;
(ii) any misappropriation of government asset, corruption related to government contracts or bribery; or
(iii) the transfer or the facilitation of the transfer of the proceeds of corruption.
(c) The term “enforcement authority’’ means agencies and instrumentalities of the Federal Government of Nigeria including but not limited to those listed in Second Schedule to this Order imbued with regulatory/enforcement powers;
(d) The term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization;
(e) The term “other relevant offences” means any act, which may constitute an act of, terrorism, financing of terrorism, kidnapping, sponsorship of ethnic or religious violence, economic sabotage, cases of economic and financial crimes, including acts contributing to the economic adversity of the Federal Republic of Nigeria as defined by relevant laws.
(f) The term “person” means a natural or juristic person.
Section. 6. This Executive Order shall take effect on day of 2018.
Section. 7. This Order may be cited as the PRESERVATION OF SUSPICIOUS ASSETS CONNECTED WITH CORRUPTION AND OTHER RELEVANT OFFENCES ORDER, 2018.
DATED THIS ………….. DAY OF …………. 2018
FEDERAL REPUBLIC OF NIGERIA
LIST OF CASES TO BE IMMEDIATELY AFFECTED BY THE EXECUTIVE ORDER
CASE NO/CHARGE NUMBER
& COURT OF TRIAL
|FRN VS GABRIEL SUSWAM & 2 ORS|
FRN VS SOLOMON WOMBO & 2 ORS
FRN VS ORAYEV AUGUSTINE AVAAN & 8 ORS
IGP VS RICHARD GBANDE & 2 ORS
IGP VS RICHARD GBANDE & ORS
IGP VS MOSHOOD JUBRIL
FRN VS PETER AGI & 1 OTHER
IGP VS OWOLABI OLUKUNLE & 11 ORS
IGP VIS BAKARE JELILI
IGP VIS ADESA JIMOH & 2 ORS
IGP VS KAYODE MORUF & ORS
IGP VS JAMIU AJANI & 2 ORS
IGP VS GANIYU SULAIMAN
IGP VS SHOLOLA OMOLARA & 2 ORS
FRN VS BILLIAMINU ABDULLAHI & ORS
IGP VS TUMBIRI EZEKIEL & 11 ORS
FRN VS ILIYA JAMES & ORS
FRN VS AYINDE THOMAS
FRN VS CHIMA MIKE & ORS
FRN VS LUCKY UDOBI & ORS
FRN VS ISMAIL OGALA & 2 ORS
FRN VS RITA ISAAC & 2 ORS
FRN VS ALIYU UMAR & 3 ORS
HIGH COURT OF LAGOS 16 & 24
STATE VS CHUKWUDUMEME ONWUAMADIKE “EVANS & 2 ORS’’
HENRY CHIBUEZE AKA “VAMPIRE” & 5 ORS
STATE VS HON. NASIRU UMAR RONI & 5 ORS
STATE VS SHANONO ALH. AHMED & OTHER
I/75C 2016 HIGH COURT 5, IBADAN
C. O. P. VS MUHAMMED WELI & 1 OTHER
I/137C/2017-HIGH COURT 16 IBADAN
C. O. P. VS ABDULLAHI GARUBA & 3 ORS
I/211C/2017-HIGH COURT 18 IBADAN
C. O. P. VS DAHIRU MOHAMMED
I/172C/2017 -HIGH COURT 17 IBADAN
C. O. P. VS JOSEPH UDOMA & 3 ORS
I/184C/2017-HIGH COURT 19 IBADAN
C. O. P. OWOYOMI OKE & 1 OTHER
I/49C/2016-HIGH COURT 5, IBADAN
C. O. P. VS KABIRU ALI & 2 ORS
I/69C/2016-HIGH COURT 4, IBADAN
C. O. P. VS TUNED IBRAHIM & 2 ORS
I/132C/2017 -HIGH COURT 5, IBADAN
C. O. P. VS TUNED IBRAHIM & 3 ORS
C. O. P. VS MUTAIRU MOHAMMED & 2 ORS
C. O. P. VS SEGUN OMOLADUN
C. O. P. VS MUSA SALEH & 4 ORS
STATE VS JAMIL UMAR & 6 ORS
STATE VS SUNDAY EDOREN & 3 ORS
STATE VS GOODLUCK OGHENE & 4 ORS
STATE VS OYIBO SHELL & 2 ORS
STATE VS EFE REUBEN
STATE VS GODSTIME EKWEREME & 2 ORS
STATE VS SMART ONOLOGBE & 1 OTHER
STATE VS REUBENOJOGWU & 2 ORS
C. O. P. CHINOYEN AGU & ORS
KTX/06/2018-HIGH COURT KATSINA
C. O. P. VS IBRAHIM MU’AZU & 1 OTHER
FHC/L/48C/2018-FEDERAL HIGH COURT LAGOS JUDICIAL DIVISION
NIGERIA CUSTOMS SERVICE VS PROSSY NIGERIA LTD. & 6 ORS
FHC/L/185C/2017 -FEDERAL HIGH COURT LAGOS JUDICIAL DIVISION
FEDERAL REPUBLIC OF NIGERIA VS HIZEC MARINE SERVICES LTD & 4 ORS
CALABAR JUDICIAL DIVISION
MAGGPIY TRADING TFZE VS NIGERIA CUSTOMS SERVICE BOARD & 2 ORS
HU/4C/2017- ABIA STATE HIGH COURT
FRN V. DR. PHILIPS NTO & 2 ORS
FCT/HC/CR/92/12-COURT 10, APO FCT
FRN V. SUNDAY EHINDERO & JOHN OBANIYI
ID/412C/13-COURT 1, AWKA ANAMBRA STATE
FRN V. EZEONWUKA INNOCENT
KWS/56C/2016-KWARA STATE HIGH COURT
FRN V. DR. SA AD AYINLA ALANAMU & 2 ORS
FED HIGH COURT 7, ABUJA
FRN V. PROF. (SENATOR) DAVID IORNEM, & 2 ORS.
FED. HIGH COURT 2, ENUGU
FRN V. (1). PROF. E. ONYENEJE (2). DR. LEONARD UGWU, (3). ELDER FREDRICK ONAH, (4). MR. BASIL OFFOR
FRN V. (1). COSMOS NDUKWE, (2). CONK PRODUCTION NIG. LTD. (3). CHIJIOKE OKONKWO
HU/90C/2017-HIGH COURT 4, UYO, AKWAIBOM
FRN VS EPHRAIM SUNDAY AKPAN
PHC/888CR/2013-RIVERS STATE HIGH COURT 4, SITTING IN PORTHARCOURT
FRN VS. ASO ADASA MORRISSON AND ORS.
FRN V. JOE EJE OKHIKU (FORMER ACTING DIRECTOR, NEWS AGENCY OF NIGERIA)
HCL/63C/2017-HIGH COURT OKENE KOGI STATE
FRN V. ZACCAEUS ATTE
MHC/73/2016- HIGH COURT MAKURDI, BENUE STATE
FRN V. DONALD ANAGERIDE & ANOR.
FRN V. RABIU T. WADA
FHC/ABJ/CR/288/2015-FEDERAL HIGH COURT ABUJA
FRN V. YEMI ARIS OLANIRE
CR/136/2017- FCT HIGH COURT
FRN V. IBRAHIM HASSAN
FRN V. HENRY ALOR AND ANOR
FRN V. YUSUF AGABI & 3 ORS.
FRN V (1) ALH. GARBA KAMBA (2) MOHAMMED TUNGA (3) ALH SAIDU DAKINGARI
FCT/HC/CR/2003-FCT HIGH COURT 9
FRN V. MOHAMMED ALI BALOGUN
FRN V. SANI AHMED YERIMA & 3 ORS.
FRN V. EZE BOB UBIARU
CR/78/2014-COURT 4, MAITAMA,FCT
FRN V. VS. AMINU BELLO SULEIMAN
CR/136/15-FCT HIGH COURT, MAITAMA, COURT 4
FRN VS. ADEOLU ADEYANJU
CR/276/2016-COURT 19, APO
FRN VS. MAJOR SAM
HC/11C/2016-HIGH COURT 2, CALABAR
FRN VS MICHAEL OKPO & 1 OTHER
HC/65C/2016-CROSS RIVER STATE
FRN VS. DR. ITAM ABANG
CR/287/2017 & CR/37/2018-FCT HIGH COURT NO 16 JABI & FEDERAL HIGH COURT NO. 10
FRN VS. ALIYU SANDA MAIMUNA
PLD/J10C/2017-PLATEAU STATE HIGH COURT 5, JOS
FRN VS. ISTIFANUS MWANSAT & 7 ORS
CR/92/2018-COURT 37, ZUBA
FRN VS. DR. OBARO & 2 ORS
FRN V AHMADU UMAR (ALIAS RT. HON. AMADU FINTIRI)
FRN V EDIDIONG & ORS
FRN V. AIR MARSHAL AMOSU NUNAYO & 10 ORS
FRN V OLAJIDE OMOKORE & 5 ORS.
FRN VS. MUHAMMED DELE BELGOE SAN & ORS
FRN V. RICKY TARFA (SAN)
FRN V HON. JUSTICE RITA NGOZI OFILI AJUMOGOBIA & ANOR
FRN VS OLOYE JUMOKE AKINJIDE & 2 ORS
FRN V NENADI ESTHER USMAN, FEMI FANI KAYODE & 2 ORS
FRN V CHRISTIAN NWOSU AND ORS
FRN V WARIP AMOWEI EMMANUEL DUDAFA & ORS
FRN V WARIP AMOWEI EMMANUEL DUDAFA & ANOR.
FRN V PATRICK AKPOBOLOKEM & 11 ORS
FRN V PATRICK AKPOBOLOKEM & 11 ORS
FRN V PATRICK AKPOBOLOKEM & 6 ORS
FRN V PATRICK AKPOBOLOKEM, MAJOR GENERAL EMMANUEL ATEWE & ORS
FRN V PATRICK AKPOBOLOKEM & 6 ORS
BABA JARUNA JAURO & 2 ORS
FRN V CALISTUS & 3 ORS
FRN V ALHAJI DANJUMA GOJE & 4 ORS
FRN V PROFESSOR ANTHONY ELUJOBA, JOSEPHINE ADERONKE AKEREDOLU
FRB V OTUNBA ALAO-AKALA & ORS
FRN V ADEBIYI G. DARAMOLA, EMMANUEL AYODEJI ORESEGUN
FRN V SENATOR ADESEYE OGUNLEWE, PROF. OLUSOLA OYEOLE, MOSES OLUSOLA ILESANMI
FRN V DR. MAUZU BABANGIDA ALIYU ORS
FRN V DR MUAZU BABANGIDA & ANOR
FRN V ANDREW YAKUBU
FRN V SULE LAMIDO & ORS.
FRN V GBENGA DANIEL
FRN V ATTAHIRU BAFARAWA & ORS.
FRN V STEPHEN ORONSANYE & ORS.
FRN V DR. SANI TEIDI SHAIBU & ORS.
FRN V CHIMAROKE NNAMANI & ORS.
FRN V RASHEED LADOJA
FRN V BELLO ABBA MOHAMMED & ORS
FRN V AIR CHIEF MARSHAL ALEX S. BADEH & IYALIKAM NIGERIA LTD
FRN V GABRIEL SUSWAM & ANOR
FRN V DR. RAYMOND DOKPESI & ANOR
FRN V BASHIR YUGUDA & 5 ORS.
FRN V COL. MOHAMMED SAMBO DASUKI & 4 ORS.
FRN V INNOCENT AZUBIKE UMEZULIKE
FRN V ORJI UZOR KALU & ORS.
FRN V SAMINU TURAKI & ORS.
FRN V ESAI DANGABAR & 7 ORS.
FRN V ALIYU AKWE DOMA & 2 ORS.
FRN V MURTALA NYAKO & ORS.
FRN V OLISA METUH & ANOR.
FRN V AIR VICE MARSHAL OLUTAYO OGUNTOYIBO
FRN V AIR VICE MARSHAL MOHAMMED DIKKO UMAR
FRN V AVM. ALKALI MOHAMMED MAMU
FRN V ROBERT AZIBOLA & 2 ORS.
FRN V SENATOR BALA MOHAMMED
FRN V EMEKA MBA & ORS
FRN V IBRAHIM SHEHU SHEMA & 3 ORS.
FRN V AVM MARSHAL TONY OMENYI AND ANOR
FRN V ABBA MORO & ORS
FRN V ASHINZE & 8 ORS.
FRN V VICE AD. JIBRIN & 3 ORS.
FRN V OLUGBENGA OBADINA AND ANOR.
FRN V IGAN EGHEOSA
FRN V. ADEGBOYEGA AYOBAMI ADENIJI
FHC/ AWKA, ANAMBRA STATE
FRN V IKEJIAKU SYLVESTER CHUKWUNWENDU & 3 ORS
ENUGU, ENUGU STATE
FRN V EDDIE IFEANYICHUKWU DAYSON & 3 ORS
FHC AKURE, ONDO STATE
FRN V AUGUSTINE FRIDAY USIFO & ANOR
FRN V UBA HARRIS ALAEKWE & 13 ORS
FHC V ANTHONY CHUKWUEMEKA UMOLU & 8 ORS (INCLUDING FOUR MEXICANS)
FRN V JOHN VINCENT ARINZE
FHC, AKURE, ONDO STATE
EXPARTE APPLICATION (SUSPECT AT LARGE SINCE JAN. 2016)
FHC, AKURE, ONDO STATE
FRN V ESUABOM JOHNSON & ERIC AKINYIMIKA
FRN V MUONEKE JOHNPAUL IFEANYI & 3 ORS
FRN V OGBEGBU GOODLUCK & ORS
FRN V EZE REMUGUS RAPURUCHUKWU & 4 ORS
FRN V ONOWU CHUKWUKA ISAAC