Abubakar Atiku, a former vice president and Peoples Democratic Party, PDP, presidential candidate for the 2019 general elections,Femi Falana, Mike Ozekhome, both SANs, Kayode Ajulo, chieftain of Arewa Consultative Forum, ACF, Mohammed Abdulrahman and others described it as unconstitutional, undemocratic, illegal, repressive and retrogressive.
Garba Shehu, the Presidential spokesperson, on Monday, October 15, 2018, who made the announcement, said the unnamed individuals will be banned from travelling outside the country pending the determination of their corruption cases in order to ensure that all assets within a minimum value of N50 million or equivalent, are not dissipated or tampered with.
This followed a Federal High Court ruling which upheld the constitutional validity of the controversial EO6 issued by President Muhammadu Buhari on July.
Names of those on the watchlist, however, have not been published.
But Atiku, in statement by his campaign organisation, yesterday, said the ban was a violation of the right to freedom of movement as enshrined in the 1999 constitution (as amended), which President Buhari vowed to uphold.
According to him, the constitutional right of any person could only be taken away by the court of law.
He said inasmuch as he abhorred any form of criminality, the country must be guided by the rule of law, at all times.
The former vice president further noted that judging by past events, the 50 Nigerians affected by the travel ban might just be critics and opponents of the Buhari administration.
The statement read: “We must be unequivocal in saying that we abhor any act of criminality, financially or otherwise, but the rule of law must be our guide at all times or society will descend to anarchy. Thus, we find it most undemocratic that in a nation governed by the rule of law, a president who swore an oath to abide by the Constitution of the Federal Republic of Nigeria, does this.
“If past events are to be the judge, these 50 individuals will conveniently be critics and opponents of the Buhari administration. This is nothing short of intimidation ahead of the 2019 elections. This is what the Buhari administration did in Osun where they froze the accounts of the Adeleke family and then illegally and clandestinely paid N16.7 billion to the Osun State government to facilitate daylight electoral robbery.
“The Nigerian Constitution guarantees every Nigerian citizen freedom of movement and freedom of association. This Constitutional right cannot be taken away except by a court order.
“If the Buhari administration wants to curtail the rights of Nigerians, then they must go to court and obtain a court order. Anything short of this is unconstitutional and extrajudicial.
“This sudden dictatorial act brings to mind President Buhari’s comments for which he was condemned by the international community and by the generality of Nigerians.”
Atiku added that EO6 was a fresh attempt to take the nation back to the military era of 1983, when Buhari ruled as military head of state.
“It is a throwback to Buhari’s evil Decree Number Two of 1984 which criminalised truth telling if it did not please Buhari, proving that dictators can grow old, but they can’t grow into democrats.
“Under the Buhari administration, Nigeria has witnessed an unprecedented capital flight out of the nation to the extent that we are not even listed amongst the top ten recipients of Foreign Direct Investment in Africa in the latest ranking by the United Nations Conference on Trade and Development. It is salient to note that we were number one under the last Peoples Democratic Party administration.
“Funny enough, the Buhari administration were unable to stop Abdulrasheed Maina, their financier, from leaving the country after he was illegally brought back by them and reinstated to the federal service with double promotion.
“It is precisely this type of draconian orders that have chased investors away from Nigeria and it is precisely why Nigerians will chase this recession friendly government away from power on February 16, 2019, so we can begin the job of getting Nigeria working again.”
Also reacting, prominent lawyer, Chief Ozekhome described the ban as “high-handed, obnoxious, barbaric, pristine, capricious, whimsical and arbitrary as it violently erodes hallowed fundamental rights that are inalienable and God-given.”
The human rights activist submitted that the action of the Federal Government was a plot to strike terror and fear in the minds of Nigerians, especially the opposition and critical voices.
The EO6, he said, would usurp the functions of a court of law and the National Assembly that has already promulgated the Economic and Financial Crimes Commission, EFCC, Independent and Corrupt Practices Commission, ICPC, and Money Laundering Acts, all of which allow for interim forfeiture and attachment of citizens’ money and properties,but with an order of a court of law.
He further submitted that it violates the doctrine of separation of powers ably propounded in 1778 (sections 4,5,6 of the 1999 Constitution ) by Baron de Montesquieu, the rule of law as espoused by Prof. A,V Dicey and all tenets of constitutional democracy.
“That was what Justice Ijeoma Ojukwu said in her judgment.She made it clear that although Executive Order no 6 was not itself wrong, but that the Attorney General of the Federation must first obtain an order of court under section 174 of the Constitution and that the enforcement of the order must never derogate from the rule of law or derogate from the doctrine of separation of powers or the fundamental rights of Nigerians. No one has ever doubted the legality of Executive Orders, which are regularly issued by American presidents, wherefrom we borrowed our presidentialism, but same must conform with laid down procedure, due process citizens’ rights, and rule of law. That is the way to go.”
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