Court backs Buhari’s move to seize assets linked to ongoing criminal probe

The Federal Government has got the nod of the court to seize assets linked to ongoing criminal trials and investigations.

This followed the ruling of the Federal High Court in Abuja on Thursday, which upheld the validity of the Presidential Executive Order (PEO) 6 of 2018.

The order provides for the interim seizure of assets linked to ongoing criminal trials and investigations.

Recall that President Muhammadu Buhari had on July 5 , 2018 , issued the Presidential Executive Order.

But two lawyers, Ikenga Ugochinyere, and Mr. Keneth Udeze, had gone to the court to argue the validity of the Executive Order.

But ruling on the matter on Thursday, Justice Ijeoma Ojukwu dismissed the suit for lacking in merit and held that the President has the constitutional powers to issue the PEO as long as it does not encroach into the principles of separation of powers.

According to the judge, the PEO was issued as a policy directive for the implementation of provisions of existing laws, adding that it also recognised the right of every citizen to approach the court for redress if aggrieved by enforcement of the PEO.

Justice Ojukwu went further to say 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.

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Noting that PEO has to be implemented in accordance to the principles of the rule of law, the judge added that the coordinating role imposed on the Attorney- General of the Federation by the PEO was subject to section 174 of the Constitution and must be predicated on the existence of facts.

She said that the PEO which designates the AGF as the coordinating authority directs him to “at all times in this connection, employ all available lawful means, including seeking appropriate order (s) of court where necessary, and ensure that assets shall not be transferred, withdrawn, or dealt with in any way until the final determination by a court of competent jurisdiction of any corruption -related matter against such person.”

 

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