On
Thursday, 5th July, 2018, President Buhari signed the Executive
Order On The Preservation Of Suspicious Assets Connected With Corruption And
Other Relevant Offences. The Executive Order which is a new tool in the fight
against corruption in Nigeria seeks to inter alia restrict dealings in
suspicious assets, subject to investigation or inquiry bordering on corruption
in order to preserve such assets from dissipation, and to deprive alleged
criminals of the proceeds of their illicit activities which can otherwise be employed
to allure, pervert and/or intimidate the investigative and judicial processes.
Thursday, 5th July, 2018, President Buhari signed the Executive
Order On The Preservation Of Suspicious Assets Connected With Corruption And
Other Relevant Offences. The Executive Order which is a new tool in the fight
against corruption in Nigeria seeks to inter alia restrict dealings in
suspicious assets, subject to investigation or inquiry bordering on corruption
in order to preserve such assets from dissipation, and to deprive alleged
criminals of the proceeds of their illicit activities which can otherwise be employed
to allure, pervert and/or intimidate the investigative and judicial processes.
The
Executive Order, in its Section 5, defines the term asset as including funds,
liquid assets, receivables, stocks, bonds, insurance policies, shares in listed
and unlisted companies and all manner of fixed assets. According to the
President, as provided in Section 15(5) of the Constitution, it is a fundamental
objective and directive principle of state policy for the State to abolish all corrupt
practices and abuse of power in Nigeria.
Executive Order, in its Section 5, defines the term asset as including funds,
liquid assets, receivables, stocks, bonds, insurance policies, shares in listed
and unlisted companies and all manner of fixed assets. According to the
President, as provided in Section 15(5) of the Constitution, it is a fundamental
objective and directive principle of state policy for the State to abolish all corrupt
practices and abuse of power in Nigeria.
The
Order further defines corrupt practices as activity involving matters regarding
economic sabotage, including human trafficking, drug trafficking and terrorism
involving funds or assets worthN50,000,000
(Fifty Million naira) and above. It also relates to the misappropriation of
government assets; or the transfer of proceeds of corruption.
Order further defines corrupt practices as activity involving matters regarding
economic sabotage, including human trafficking, drug trafficking and terrorism
involving funds or assets worth
(Fifty Million naira) and above. It also relates to the misappropriation of
government assets; or the transfer of proceeds of corruption.
However,
one must wonder if this drive to stop the abuse of power does not include the
strict adherence to the Rule of Law and the directions of court, for President
Buhari and his administration have directly disobeyed the order of 6 (Six)
courts to effect the bail of former National Security Adviser. Consequently,
one may conclude that this present administration only chooses to uphold that
the Rule of Law when it suits them most.
one must wonder if this drive to stop the abuse of power does not include the
strict adherence to the Rule of Law and the directions of court, for President
Buhari and his administration have directly disobeyed the order of 6 (Six)
courts to effect the bail of former National Security Adviser. Consequently,
one may conclude that this present administration only chooses to uphold that
the Rule of Law when it suits them most.
Other
Provisions of the Executive Order, No. 6
Provisions of the Executive Order, No. 6
Section
1
1
The
Order begins in Section 1, by providing that all assets of any citizen,
government officials or politically exposed persons who are complicit in
corrupt practices are to be protected from dissipation by employing lawful or
statutory means including seeking the appropriate court orders. Furthermore,
subsection B, provides that any government official or person who receives any
form of bribes or engage in corrupt and unlawful practices shall be subject to
disciplinary procedures in line with the Public Service Rules.
Order begins in Section 1, by providing that all assets of any citizen,
government officials or politically exposed persons who are complicit in
corrupt practices are to be protected from dissipation by employing lawful or
statutory means including seeking the appropriate court orders. Furthermore,
subsection B, provides that any government official or person who receives any
form of bribes or engage in corrupt and unlawful practices shall be subject to
disciplinary procedures in line with the Public Service Rules.
The
Order empowers the Attorney – General of the Federation with the authority to
enforce the Executive Order and enlist the cooperation of listed law enforcement
agencies in Nigeria. The Order also mandates the A.G Federation to publish
periodically all a list of assets protected pursuant to the Order. A very major
important part of the section is that it requires the Attorney – General to
seek appropriate Order(s) of court where necessary which is to enable the A.G,
freeze or confiscate any funds or assets which is connected to any corrupt
practices until final determination by a court.
Order empowers the Attorney – General of the Federation with the authority to
enforce the Executive Order and enlist the cooperation of listed law enforcement
agencies in Nigeria. The Order also mandates the A.G Federation to publish
periodically all a list of assets protected pursuant to the Order. A very major
important part of the section is that it requires the Attorney – General to
seek appropriate Order(s) of court where necessary which is to enable the A.G,
freeze or confiscate any funds or assets which is connected to any corrupt
practices until final determination by a court.
Section
2
2
The
2nd Section of the Executive Order provides for the prosecution of
anyone who seeks to pervert the course of justice. For instance, by interfering
with the free exercise of the President’s authority; by destroying evidence or by
corrupting witnesses.
2nd Section of the Executive Order provides for the prosecution of
anyone who seeks to pervert the course of justice. For instance, by interfering
with the free exercise of the President’s authority; by destroying evidence or by
corrupting witnesses.
Section
3
3
This
section provides an opportunity for persons whose rights are infringed upon or
contravened by this Executive Order to seek appropriate redress in court.
section provides an opportunity for persons whose rights are infringed upon or
contravened by this Executive Order to seek appropriate redress in court.
Section
4
4
Via
this section, all enforcement authorities are directed to collaborate with the Federal
Ministry of Justice in implementing this order to ensure the preservation of
assets which come under the purview of the Order.
this section, all enforcement authorities are directed to collaborate with the Federal
Ministry of Justice in implementing this order to ensure the preservation of
assets which come under the purview of the Order.
For
more interaction on the provisions of the Executive Order No. 6; please leave a
comment below or send a mail.
more interaction on the provisions of the Executive Order No. 6; please leave a
comment below or send a mail.
Adedunmade
Onibokun Esq.
Onibokun Esq.