TheCable

The federal high court in Abuja has upheld the validity of the presidential executive order 6 of 2018 on seizure of assets linked to ongoing criminal trials and investigations.

On July 5, Buhari had signed the executive order to restrain owners of assets under probe from carrying out further transactions on such properties.

The president said he signed the order to stop owners of the assets from using their proceeds to pervert justice.

Following the announcement, there have been demands that it should be withdrawn, with some stating that it did not meet the standard of a sustainable legal order and should be revoked.

Two lawyers, Ikenga Ugochinyere and Keneth Udeze, had instituted a suit before the court to challenge its validity.

While ruling on the case on Thursday, Ijeoma Ojukwu, presiding judge, dismissed the suit for lacking in merit and affirmed that the president has the constitutional powers to issue the order as long as it did not encroach on the principles of separation of powers.

She ruled that the order was issued as a policy directive for the implementation of provisions of existing laws, saying it also recognised the right of every citizen to approach the court for redress if aggrieved by its enforcement.

She also ruled that the interim forfeiture of assets linked to various offences or ongoing criminal investigations could only be enforced “in line with the provisions of the law and did not amount to an infringement of the rights of the affected person, who also has the right to approach the court to seek redress”.