The House of Representatives has urged the President of the Federal Republic of Nigeria to suspend and discontinue the application and implementation of Executive order Number 006 of 2018 that seeks to restrain owners of assets under investigation from carrying out any further transactions on such assets in view of its controversial nature and conflict with relevant provisions of the law.
Presenting the motion on the floor Hon. Ossai Nicholas Ossai (PDP: Delta) stated that the recent Executive Order number 006 of 2018 signed into law by President Buhari on the 5th of July 2018 appeared to hijack and usurp Legislative and Judicial powers by the Executive arm of government in addition to reservations that it would negate citizen’s rights to fair hearing and negate the tenets of democratic governance.
Speaking further, Hon. Ossai stated that section 44 2(k) of the 1999 Constitution (as amended) restricts the application of compulsory acquisition of moveable or immoveable property in any part of Nigeria except on the temporary taking of possession of property for the purpose of examination, investigation or inquiry. He also mentioned section 315 (2) of the 1999 Constitution, which enables an appropriate authority to make modification on an existing law as it considers it necessary in conformity with the provision of the Constitution.
Hon. Ossai described Executive order Number 006 of 2018 as a clear usurpation of legislative and judicial power and a replication of subsisting legislation such as section 8 of the Recovery of Public Property (Special Provision) Act of 1983, section 330 of the Administration of the Criminal Justice Act of 2015 and certain provisions of the Economic and Financial Crimes Commission Act. He also compared Executive Order Number 006 of 2018 to the dreaded decree number 2 of 1984 that was used as an instrument to hunt, traumatize, harass and victimize perceived political opponents.
However, Hon. Mojeed Alabi (APC: Osun) disagreed with Hon. Ossai stating that the President had powers to make Executive orders and was of the view that the National Assembly had acted beyond its mandate in describing the executive order as illegal.
Following the debate, the House agreed to invite the Attorney General /Minister of Justice and Chairman of the Nigerian Law Reform Commission to appear before the House of Representatives and submit a comprehensive list of all subsidiary Legislation in Nigeria that are published in the Federal Gazette within two (2) weeks. In addition, it resolved to constitute an Ad-hoc Committee to scrutinize and investigate all subsidiary legislation and Executive Orders in Nigeria within four (4) weeks.
The resolution came as some lawmakers protested against the Speaker’s ruling enabling the investigation and the summoning of the Attorney General in a rowdy session.
