Buhari’s Asset law Is Unconstitutional- Ozekhome

A Senior Advocate of Nigeria, SAN, Mike Ozekhome has described the asset law which the Presidency issued as Unconstitutional.

Recently News has it that,  there was an Executive Order 6 which gives the Federal Government to cease properties acquired illegally.

According to Ozekhome, it is only the National Assembly that has such powers to make laws hence the Order 6 is illegal, undemocratic and immoral.

In his words, “if the law is allowed to sail then it would render the maxim that “nothing is a crime that hasn’t been established,” inconsequential.”

 He added that based on what is in Section 36 (5) of the constitution, the law could cause a serious legal tussle if not handled with decorum.
Speaking with newsmen he said, “Section 36 of the 1999 Constitution says that a person is innocent until the contrary is proved. So if the President goes ahead with the Executive Order N0. 6, he would have taken the powers of the legislature and the judiciary.”
“It means that the President can seize your property, even when you still have a case in court.”

 “The order is illegal, unconstitutional, undemocratic and immoral. He will use it to terrorise Nigerians. He can sit with his kitchen cabinet and call the attorney-general to go and seize the property of anybody he wishes, even when the person may not have been convicted,” he argued.”
“It (the Order) is a political weapon because only a court of law can determine whether a property was bought with a proceed of crime or not and whether such property should be seized.”

“He will use executive fiat to usurp the extant laws and it is to whittle down the opposition. The Executive Order No. 6 is tempestuous, it has no place in a constitutional democracy and it is a blatant assault on the separation of powers,” he explained.

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