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Senate Summons Attorney General Over Unlawful Issuance Of Executive Orders By The President

The Senate at its plenary session on Wednesday, 11th July 2018, adopted a resolution summons the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami to appear before the Senate at plenary for a briefing session over the unlawful issuance of several Executive Orders by President Muhammadu Buhari without recourse to the National Assembly.

Presenting a motion titled ” Alarming rise in cases of Alleged Human Rights violations and consistent assault on the provisions of the Constitutions by the Executive” Sen. David Umaru(APC: Niger) expressed concerns over the incessant cases of alleged human rights violations perpetrated on citizens by agencies of government. Notably, he mentioned the continuous detention of the former National Security Adviser, Col. Sambo Dasuki despite several court orders granting him bail and the recent arrest of Sen. Enyinnaya Abaribe(PDP: Abia) by personnel of the State Security Service.

Sen. Umaru informed lawmakers that the Executive had violated certain provisions of the Constitution in its course of discharging its duties. For instance, he mentioned that President Muhammadu Buhari recently enacted Executive Order No.006 which permits security agencies to freeze the assets of persons standing trial without recourse to a court order. He also noted that the decision of the President to issue such order without the authorization of the National Assembly clearly goes against the principle of separation of powers.

Sen. Umaru also drew the attention of the Senate to the President’s withdrawal of $496 million from the Excess Crude Account (ECA) for the purchase of aircrafts from the United State Government without prior approval by the National Assembly as provided for in section 80 of the 1999 Constitution (as amended)

The Senate further resolved to:

  • Urge Federal Government constitutes a Judicial Commission of Inquiry to investigate all cases of human rights;
  • Urge the Federal Government to adhere to court orders; and
  • Urge the Federal Government to guarantee the protection of the rights of citizens by reviewing its security structures.

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