There was commotion in the House of Representatives, on Wednesday,
during the debate on the Executive Order 006 of 2018 recently signed by
President Muhammadu Buhari.
The News Agency of Nigeria (NAN) reports that President Buhari had
on July 5 signed the order seeking to restrain owners of assets being
investigated from any further transaction on them.
The President said he had chosen to sign the order because of the
necessity to stop owners of such assets from further using their
proceeds to pervert the cause of Justice.
According to him, the order will serve as a platform for counter-attack.
He said: “It has thus become necessary to re-kit and re-tool
our arsenal to be able to effectively tackle corruption’s perilous
counter-attack against the Nigerian State.
”Accordingly, the Federal Government of Nigeria has declared a national emergency to deal with that crisis.
”In this regard, the Federal Government of Nigeria in line with
its anti-corruption strategy seeks to ensure that the ends of justice
is not defeated or compromised by persons involved in a case or
complaint of corruption.”
However, moving a motion under matters of urgent public importance
at plenary in Abuja, Rep Ossai Ossai (Delta-PDP) said that the executive
order was a clear usurpation of legislative and judicial powers.
The motion was co-sponsored by no fewer than 27 lawmakers among
whom were Reps Uzoma Nkem-Abonta, Bassey Ewah, Ibrahim Baba, Worker Jev,
Aliyu Pategi, Doye Diri, T.J. Yusuf, Gaza Gbefori.
Some of the legislators in support of the motion at the floor
included Reps Samson Okwu, Daniel Asuquo, Abubakar Nuhu, Rimande
Shawulu, Nnenna Elendu-Ukeje, among others, while Reps Mojeed Alabi,
Sadiq Ibrahim, Mohammed Munguno opposed the motion.
Speaking, Ossai said there was an urgent need to investigate the
constitutional compliance of all subsidiary legislation and executive
orders by the president.
”The House notes the very recent Executive Order Number 006 of
2018 signed into law by Mr President in July 5, 2018 which appears to
hijack and usurp legislative and judicial powers by the executive arm of
government.
”The House is aware that Section 44 Sub-section 2(K) of the
1999 Constitution of the Federal Republic of Nigeria (as amended)
restricts the application of compulsory acquisition of movable or
immovable property in any part of Nigeria except on the temporary
takings of possession of property for the purpose of any examination,
investigation or inquiry.
”The House is concerned that 315 Sub-section 2 of the 1999
Constitution of the Federal Republic of Nigeria (as amended) is to the
effect that appropriate authority may by order make such modification on
an existing law as it considers it necessary and in conformity with the
provisions of the constitution.
”The House is cognisance that the National Assembly shall not
enact law that oust or purports to oust the jurisdiction of a court of
law.
”The House recalls that executive powers shall extend to the
execution and maintenance of the constitution and all laws made by the
National Assembly,” he said.
The lawmaker observed that the order was a replication of
subsisting legislations such as Section 8 of the Recovery of Public
Property (Special Provisions) Act of 1983, Section 330 of the
Administration of Criminal Justice Act of 2015 and certain provisions of
EFCC Act.
”The House acknowledges that Section 8 of the Recovery of Public
Property (Special Provisions) Act of 1983 specifically vests the Federal
High Court with powers to direct or require, prohibit any disposition
of property moveable or immovable where a prima facie case has been made
out against a person,” he said.
According to him, the Executive Order Number 006 of 2018 is similar
to the dreaded Decree Number 2 of 1984 that could be used as an
instrument to hunt, traumatise, harass and victimise perceived political
opponents.
In its resolution, the House urged the President to ”suspend
and discontinue the application and implementation of Executive Order
006 of 2018 in view if its controversial nature and its conflicts with
relevant provisions of the law”.
It resolved that the Attorney General and Minister of Justice,
Abubakar Malami, and the Chairman, Nigerian Law Reform Commission, Mr
Kefas Magaji, be invited and submit a comprehensive list of all
subsidiary legislations in the country that are published in the federal
gazette within two weeks.
The lawmakers also resolved that the House of Representatives should transmit the resolutions to the Senate for concurrence.
When the question was put on a voice vote by the Speaker, Mr Yakubu Dogara, majority of the lawmakers backed the motion.
Dogara, therefore, urged that an ad-hoc committee be constituted to
scrutinise and investigate all subsidiary legislations and executive
orders in Nigeria and report back to the House within four weeks.
A mild drama however ensued as members of the House, who were against the motion, disagreed with the ruling shouting: ”No! No!”
Some of them, in annoyance, staged a walkout.
-NAN