The Federal High Court, Abuja has upheld the President Muhammadu Buhari’s Executive Order 6 saying that it’s in line with the 1999 Constitution.
The judge, Ijeoma Ojukwu, made the pronouncement while delivering judgment in a suit filed by two lawyers; Ikenga Ugochinyere and Kenneth Udeze, challenging the legitimacy of the order.
Mrs Ojukwu held that it was within the powers of the president, as granted by the constitution, to issue Executive Orders for the execution of policies by the executive arm of government provided such orders respected the principles of separation of powers.
Justice Ojukwu said the powers given to the AGF under the Executive Order 6 must be exercised in accordance with the provisions of the Constitution.
The judge, who noted that the Order seemed to give the AGF the discretion on when to seek court’s permission to seize any suspected property, said the AGF must, at all times, obtain a court order before seizing any asset.
She said such application for the court’s permission to seize any suspected asset could be made ex-parte.
Justice Ojukwu said the Executive Order 6 did not violate the right of citizens to own property, but was informed by the President’s willingness to preserve suspected property from being dissipated.