STAR ORDER and Text of Buhari’s speech at the signing of executive order on confiscating corruption assets

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 STAR ORDER and Text of Buhari’s speech at the signing of executive order on confiscating corruption assets

 

The Order Itself, with Cases immediately caffected…

PRESIDENTIAL EXECUTIVE Order No. 6 of 2018 ON THE PRESERVATION OF SUSPICIOUS ASSETS CONNECTED WITH CORRUPTION AND OTHER RELEVANT OFFENCES
Whereas it is the responsibility of the Federal Government of Nigeria to protect the resources of Nigeria from all forms of Corruption;
Whereas Corruption constitutes an unusual and extraordinary threat to the well-being, national security and stability of the country’s political and economic systems, as well as its continuous existence; and must be effectively addressed;
By the powers vested in me under Section 5 of the 1999 Constitution as amended which extends to the execution and maintenance of the Constitution, all Laws made by the National Assembly (including but not limited to Section 15(5) of the Constitution) to, abolish all corrupt practices and abuse of power, it is the duty of any responsible government to restrict dealings in suspicious assets subject to corruption related investigation or inquiries in order to preserve same in accordance with the rule of law and to guarantee and safeguard the fundamental human rights;
Now therefore, I, Muhammadu Buhari, President of the Federal Republic of Nigeria, in exercise of the powers conferred on me hereby declare as follows:
Section 1. (a) Without prejudice to any laws or existing suits or any other rights arising out of or in respect thereof, all Assets of any Nigerian citizen within the territory of the Federal Republic of Nigeria, or within the possession or control of any person known to be a current or former government official, a person acting for or on behalf of such an official, any politically exposed person or any person who is responsible for or complicit in, or has directly or indirectly engaged in Corrupt Practices and Other Relevant Offences are forthwith to be protected from dissipation by employing all available lawful or statutory means, including seeking the appropriate Order(s) of Court where necessary, and shall not be transferred, withdrawn or dealt with in any way until the final determination by a court of competent jurisdiction of any corruption related matter against such a person.
This provision shall, in particular, apply to those connected with persons listed in the First Schedule to this Order, (or any such list as may be issued by the Attorney General of the Federation and Minister of Justice).
(b) Where a Government official or a person acting for and on behalf of such an official, directly or indirectly, engages in Corrupt Practices such as misappropriation of State assets for personal gain, receives any form of bribe or engages in Corrupt Practices related to the performance of his/her duties or the award or execution of Government contract; or transfers, launder or facilitates the transfer or laundering of proceeds of illicit activities, such official, in addition to forfeiting the proceeds in accordance with the relevant laws, shall forthwith be subject to the disciplinary procedure in accordance with the Public Service Rules and investigation by the Code of Conduct Bureau.
(c) (i) Subject to Section 174 of the Constitution, the Attorney General of the Federation shall have power to coordinate the implementation of this Order and to enlist the support of any Enforcement Authority particularly those listed in Second Schedule to this Order, or any other Person or Entity as may be required or permitted by applicable Law in order to give effect to this Executive Order.
(ii) The Attorney-General shall from time to time publish a list of all Assets protected pursuant to this Order.
(iii) The authority of the Attorney General of the Federation to preserve Assets pursuant to this Order shall extend to any Person who is under investigation in accordance with applicable law in connection with having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or howsoever in support of any Corrupt Practices or Other Relevant Offences by any Person whose Assets are protected pursuant to this Order; or any Entity that has engaged in, or whose members have engaged in, any Corrupt Practices or Other Relevant Offences,
Provided however, that the Attorney-General shall at all times in this connection, employ all available lawful or statutory means, including seeking the appropriate Order(s) of Court where necessary, and ensure that Assets shall not be transferred, withdrawn or dealt with in any way until the final determination by a court of competent jurisdiction of any corruption related matter against such a person.
(iv) Where the Attorney-General has reasonable cause to believe that any funds or assets within Nigeria is connected with Corruption, the Attorney-General may, subject to his powers under Section 174 of the Constitution and other laws enabling him in that regard, approach the Court for an Order blocking or freezing or confiscating such funds or assets pending the conclusion of an investigation or legal action.
(d) Enforcement Authorities shall upon request communicate to the Attorney General of the Federation and Minister of Justice information arising from their investigation or enquiry on any Person (Nigerian or non-Nigerian), whether resident in Nigeria or not, determined by such Enforcement Authority to have directly or indirectly engaged in or involved in Corruption within the territory of the Federal Republic of Nigeria, and the Attorney General shall immediately commence or direct the commencement of appropriate process(es) either administratively or judicially as may be necessary subject to existing applicable law.
Section. 2. (a) Any Person who in circumvention of this Executive Order attempts to or in fact: (i) interferes with the free exercise of the authorities of the Office of the President, (ii) destroys evidence, (iii) corrupts witnesses through cash/kind inducements, and (iv) generally perverts the course of justice shall be prosecuted in line with the provision of any Law(s) governing unlawful acts.
Section. 3. (i) Any Person who alleges that his rights have been, are being or are likely to be contravened by any of the provision of this Executive Order may apply to a competent Court in his jurisdiction for redress.
Section. 4. All Enforcement Authorities are hereby directed to diligently and rigorously collaborate with the Federal Ministry of Justice in implementing this Order to ensure the preservation of suspicious assets and prevent their dissipation or removal from the jurisdiction of Nigerian courts, in order to facilitate, support and enable the expeditious and accelerated prosecution of the alleged Corrupt Practices, serious or complex corruption, and Other Relevant Offences. Heads of Enforcement Authorities shall take personal responsibility and be subject to appropriate sanctions for any failure to comply with this Order.
Section. 5. For the purposes of this Order:
(a) The term “asset’’ means and shall include all properties including funds, liquid assets (bank balances), receivables, stocks and bonds held in portfolios, insurance policies, shares in listed or unlisted companies, and all manner of fixed assets. It shall cover all such assets whether held directly or indirectly through corporate entities, trust structures and intermediaries;
(b) The term “corruption or corrupt practices’’ means as may be defined under any enactment:
(i) any corrupt activity involving matters of corruption generally economic sabotage, human trafficking, drug trafficking and terrorism involving funds or assets in the sum or value in excess of fifty million Naira (N50,000,000) or its equivalent in foreign currency;
(ii) any misappropriation of government asset, corruption related to government contracts or bribery; or
(iii) the transfer or the facilitation of the transfer of the proceeds of corruption.
(c) The term “enforcement authority’’ means agencies and instrumentalities of the Federal Government of Nigeria including but not limited to those listed in Second Schedule to this Order imbued with regulatory/enforcement powers;
(d) The term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization;
(e) The term “other relevant offences” means any act, which may constitute an act of, terrorism, financing of terrorism, kidnapping, sponsorship of ethnic or religious violence, economic sabotage, cases of economic and financial crimes, including acts contributing to the economic adversity of the Federal Republic of Nigeria as defined by relevant laws.
(f) The term “person” means a natural or juristic person.
Section. 6. This Executive Order shall take effect on day of 2018.
Section. 7. This Order may be cited as the PRESERVATION OF SUSPICIOUS ASSETS CONNECTED WITH CORRUPTION AND OTHER RELEVANT OFFENCES ORDER, 2018.
DATED THIS ………….. DAY OF …………. 2018
Muhammadu Buhari
PRESIDENT
FEDERAL REPUBLIC OF NIGERIA
FIRST SCHEDULE
LIST OF CASES TO BE IMMEDIATELY AFFECTED BY THE EXECUTIVE ORDER
LIST OF CASES TO BE IMMEDIATELY AFFECTED BY THE EXECUTIVE ORDER
EXECUTIVE ORDER
S/N/ CASE NO/CHARGE NUMBER
& COURT OF TRIAL PARTIES
NPF
1 FHC/ABJ/CR/48/2017 FRN VS GABRIEL SUSWAM & 2 ORS
2 FHC/ABJ/CR/115/2017 FRN VS SOLOMON WOMBO & 2 ORS
3 FHC/MKD/CR/72/2017 FRN VS ORAYEV AUGUSTINE AVAAN & 8 ORS
4 FCT/ABJ/CR/129/2017 IGP VS RICHARD GBANDE & 2 ORS
5 FCT/ABJ/CR/128/2017 IGP VS RICHARD GBANDE & ORS
6 FHC/L/18C/2015 IGP VS MOSHOOD JUBRIL
7. FHC/CA/3C/2018-FHC, CALABAR FRN VS PETER AGI & 1 OTHER
8 FHC/L472C/2015 IGP VS OWOLABI OLUKUNLE & 11 ORS
9 FHC/L/376C/2015 IGP VIS BAKARE JELILI
10 FHC/L/523C/2015 IGP VIS ADESA JIMOH & 2 ORS
11 FHC/L317C/2015 IGP VS KAYODE MORUF & ORS
12 FHC/L/286C/2015 IGP VS JAMIU AJANI & 2 ORS
13 FHC/L144C/2016 IGP VS GANIYU SULAIMAN
14 FHC/L/139C/2016 IGP VS SHOLOLA OMOLARA & 2 ORS
15 FHC/L/394C/2016 FRN VS BILLIAMINU ABDULLAHI & ORS
16 FHC/L/456C/2016 IGP VS TUMBIRI EZEKIEL & 11 ORS
17 FHC/ABJ/CR/117/2017 FRN VS ILIYA JAMES & ORS
18 FHC/ABJ/CR/89/2017 FRN VS AYINDE THOMAS
19 FHC/ABJ/CR/182/2017 FRN VS CHIMA MIKE & ORS
20 FHC/ABJ/CR/94/2017 FRN VS LUCKY UDOBI & ORS
21 FHC/ABJ/CR/98/2017 FRN VS ISMAIL OGALA & 2 ORS
22 FHC/ABJ/CR/41/2018 FRN VS RITA ISAAC & 2 ORS
23 FHC/ABJ/CR/41/2018 FRN VS ALIYU UMAR & 3 ORS
24 HIGH COURT OF LAGOS 16 & 24 STATE VS CHUKWUDUMEME ONWUAMADIKE “EVANS & 2 ORS’’
25 CR/265/C/2017 HENRY CHIBUEZE AKA “VAMPIRE” & 5 ORS
26 CR/90/2017 STATE VS HON. NASIRU UMAR RONI & 5 ORS
27 CMC/TUM/98CR/2017 STATE VS SHANONO ALH. AHMED & OTHER
28 I/75C 2016 HIGH COURT 5, IBADAN C. O. P. VS MUHAMMED WELI & 1 OTHER
29 I/137C/2017-HIGH COURT 16 IBADAN C. O. P. VS ABDULLAHI GARUBA & 3 ORS
30 I/211C/2017-HIGH COURT 18 IBADAN C. O. P. VS DAHIRU MOHAMMED
31 I/172C/2017 -HIGH COURT 17 IBADAN C. O. P. VS JOSEPH UDOMA & 3 ORS
32 I/184C/2017-HIGH COURT 19 IBADAN C. O. P. OWOYOMI OKE & 1 OTHER
33 I/49C/2016-HIGH COURT 5, IBADAN C. O. P. VS KABIRU ALI & 2 ORS
34 I/69C/2016-HIGH COURT 4, IBADAN C. O. P. VS TUNED IBRAHIM & 2 ORS
35 I/132C/2017 -HIGH COURT 5, IBADAN C. O. P. VS TUNED IBRAHIM & 3 ORS
36 MOG/03C/2017 C. O. P. VS MUTAIRU MOHAMMED & 2 ORS
37 HOY/11C/2016 C. O. P. VS SEGUN OMOLADUN
38 MI/31C/2016 C. O. P. VS MUSA SALEH & 4 ORS
39 CR: 32/2016/MOG10C/2016 STATE VS JAMIL UMAR & 6 ORS
40 CR: 34/2016/MOG12C/2016 STATE VS SUNDAY EDOREN & 3 ORS
41 CR: 42/2016/MOG/11C/2016 STATE VS GOODLUCK OGHENE & 4 ORS
42 CR: 49/2016/MCI/12C/2016 STATE VS OYIBO SHELL & 2 ORS
43 CR: 73/2016/CMA/270C/2016 STATE VS EFE REUBEN
44 CR: 78/2016/MOG/44C/2016 STATE VS GODSTIME EKWEREME & 2 ORS
45 CR: 78/2016/MK/16C/2016 STATE VS SMART ONOLOGBE & 1 OTHER
46 CR: 81/2016/CMA/259C/2016 STATE VS REUBENOJOGWU & 2 ORS
47 MAB/1064C/2017 C. O. P. CHINOYEN AGU & ORS
48 KTX/06/2018-HIGH COURT KATSINA C. O. P. VS IBRAHIM MU’AZU & 1 OTHER
NAPTIP
49 FHC/L/48C/2018-FEDERAL HIGH COURT LAGOS JUDICIAL DIVISION NIGERIA CUSTOMS SERVICE VS PROSSY NIGERIA LTD. & 6 ORS
50 FHC/L/185C/2017 -FEDERAL HIGH COURT LAGOS JUDICIAL DIVISION FEDERAL REPUBLIC OF NIGERIA VS HIZEC MARINE SERVICES LTD & 4 ORS
51 FHC/CA/CS/40/2017
CALABAR JUDICIAL DIVISION MAGGPIY TRADING TFZE VS NIGERIA CUSTOMS SERVICE BOARD & 2 ORS
ICPC
52 HU/4C/2017- ABIA STATE HIGH COURT FRN V. DR. PHILIPS NTO & 2 ORS
53 FCT/HC/CR/92/12-COURT 10, APO FCT FRN V. SUNDAY EHINDERO & JOHN OBANIYI
54 ID/412C/13-COURT 1, AWKA ANAMBRA STATE FRN V. EZEONWUKA INNOCENT
55 KWS/56C/2016-KWARA STATE HIGH COURT FRN V. DR. SA AD AYINLA ALANAMU & 2 ORS
56 FHC/ABJ/CR/169/13-
FED HIGH COURT 7, ABUJA FRN V. PROF. (SENATOR) DAVID IORNEM, & 2 ORS.
57 FHC/EN/CR/72/15-
FED. HIGH COURT 2, ENUGU FRN V. (1). PROF. E. ONYENEJE (2). DR. LEONARD UGWU, (3). ELDER FREDRICK ONAH, (4). MR. BASIL OFFOR
58 HU/38C/2016 FRN V. (1). COSMOS NDUKWE, (2). CONK PRODUCTION NIG. LTD. (3). CHIJIOKE OKONKWO
59 HU/90C/2017-HIGH COURT 4, UYO, AKWAIBOM FRN VS EPHRAIM SUNDAY AKPAN
60 PHC/888CR/2013-RIVERS STATE HIGH COURT 4, SITTING IN PORTHARCOURT FRN VS. ASO ADASA MORRISSON AND ORS.
61 FCT/HC/CR/112/1- FRN V. JOE EJE OKHIKU (FORMER ACTING DIRECTOR, NEWS AGENCY OF NIGERIA)
62 HCL/63C/2017-HIGH COURT OKENE KOGI STATE FRN V. ZACCAEUS ATTE
63 MHC/73/2016- HIGH COURT MAKURDI, BENUE STATE FRN V. DONALD ANAGERIDE & ANOR.
64 K/ICPC02/2016 FRN V. RABIU T. WADA
65 FHC/ABJ/CR/288/2015-FEDERAL HIGH COURT ABUJA FRN V. YEMI ARIS OLANIRE
66 CR/136/2017- FCT HIGH COURT FRN V. IBRAHIM HASSAN
67 FHC/A1/59C/2013 FRN V. HENRY ALOR AND ANOR
68 FCT/HC/CR/2014 FRN V. YUSUF AGABI & 3 ORS.
69 KB/HC/27C/2017 FRN V (1) ALH. GARBA KAMBA (2) MOHAMMED TUNGA (3) ALH SAIDU DAKINGARI
70 FCT/HC/CR/2003-FCT HIGH COURT 9 FRN V. MOHAMMED ALI BALOGUN
71 ZMS/GS/53C/2015 FRN V. SANI AHMED YERIMA & 3 ORS.
72 HU/36C/2015 FRN V. EZE BOB UBIARU
73 CR/78/2014-COURT 4, MAITAMA,FCT FRN V. VS. AMINU BELLO SULEIMAN
74 CR/136/15-FCT HIGH COURT, MAITAMA, COURT 4 FRN VS. ADEOLU ADEYANJU
75 CR/276/2016-COURT 19, APO FRN VS. MAJOR SAM
76 HC/11C/2016-HIGH COURT 2, CALABAR FRN VS MICHAEL OKPO & 1 OTHER
77 HC/65C/2016-CROSS RIVER STATE FRN VS. DR. ITAM ABANG
78 CR/287/2017 & CR/37/2018-FCT HIGH COURT NO 16 JABI & FEDERAL HIGH COURT NO. 10 FRN VS. ALIYU SANDA MAIMUNA
79 PLD/J10C/2017-PLATEAU STATE HIGH COURT 5, JOS FRN VS. ISTIFANUS MWANSAT & 7 ORS
80 CR/92/2018-COURT 37, ZUBA FRN VS. DR. OBARO & 2 ORS
EFCC
81 FHC/ABJ/CR/181/2016 FRN V AHMADU UMAR (ALIAS RT. HON. AMADU FINTIRI)
82 FHC/ABJ/CR/148/2016 FRN V EDIDIONG & ORS
83 FHC/L/280C/16 FRN V. AIR MARSHAL AMOSU NUNAYO & 10 ORS
84 FHC/ABJ/CR/121/2016 FRN V OLAJIDE OMOKORE & 5 ORS.
85 FHC/L/135C/2017 FRN VS. MUHAMMED DELE BELGOE SAN & ORS
86 LD/2514C/16 FRN V. RICKY TARFA (SAN)
87 LD/3671C/2016 FRN V HON. JUSTICE RITA NGOZI OFILI AJUMOGOBIA & ANOR
88 FHC/IB/26C/2017 FRN VS OLOYE JUMOKE AKINJIDE & 2 ORS
89 FHC/L/251C/16 FRN V NENADI ESTHER USMAN, FEMI FANI KAYODE & 2 ORS
90 FHC/L/106C/2017 FRN V CHRISTIAN NWOSU AND ORS
91 FHC/L/337C/16 FRN V WARIP AMOWEI EMMANUEL DUDAFA & ORS
92 FHC/L/238C/2016 FRN V WARIP AMOWEI EMMANUEL DUDAFA & ANOR.
93 FHC/L/31C/2016 FRN V PATRICK AKPOBOLOKEM & 11 ORS
94 FHC/L/553C/2016 FRN V PATRICK AKPOBOLOKEM & 11 ORS
95 FHC/511C/2016 FRN V PATRICK AKPOBOLOKEM & 6 ORS
96 LD/217C/15 FRN V PATRICK AKPOBOLOKEM, MAJOR GENERAL EMMANUEL ATEWE & ORS
97 LD/218C/15 FRN V PATRICK AKPOBOLOKEM & 6 ORS
98 FHC/L/149/16 BABA JARUNA JAURO & 2 ORS
99 FHC/L/148C/16 FRN V CALISTUS & 3 ORS
100 FHC/GM/33C/2011 FRN V ALHAJI DANJUMA GOJE & 4 ORS
101 HOS/34C/2017 FRN V PROFESSOR ANTHONY ELUJOBA, JOSEPHINE ADERONKE AKEREDOLU
102 I/5EFCC/2011 FRB V OTUNBA ALAO-AKALA & ORS
103 AK/4C/2017 FRN V ADEBIYI G. DARAMOLA, EMMANUEL AYODEJI ORESEGUN
104 AB/EFCC/03C/2016 FRN V SENATOR ADESEYE OGUNLEWE, PROF. OLUSOLA OYEOLE, MOSES OLUSOLA ILESANMI
105 NSHC/EFCC/2C/2017 FRN V DR. MAUZU BABANGIDA ALIYU ORS
106 FHC/ABJ/CR/71/2017 FRN V DR MUAZU BABANGIDA & ANOR
107 FHC/ABJ/CR/43/2017 FRN V ANDREW YAKUBU
108 FHC/ABJ/CR/329/2015 FRN V SULE LAMIDO & ORS.
109 AB/EFCC/02/11 FRN V GBENGA DANIEL
110 SS/33C/2009 FRN V ATTAHIRU BAFARAWA & ORS.
111 FHC/ABJ/CR/297/2015 FRN V STEPHEN ORONSANYE & ORS.
112 FHC/ABJ/CR/82/2013 FRN V DR. SANI TEIDI SHAIBU & ORS.
113 FHC/09C/2007 FRN V CHIMAROKE NNAMANI & ORS.
114 FHC/L/336C/08 FRN V RASHEED LADOJA
115 FHC/ABJ/CR/389/2015 FRN V BELLO ABBA MOHAMMED & ORS
116 FHC/ABJ/CR/46/2016 FRN V AIR CHIEF MARSHAL ALEX S. BADEH & IYALIKAM NIGERIA LTD
117 FHC/ABJ/CR/362/2015 FRN V GABRIEL SUSWAM & ANOR
118 FHC/ABJ/CR/380/2015 FRN V DR. RAYMOND DOKPESI & ANOR
119 FCT/CR/42/2015 FRN V BASHIR YUGUDA & 5 ORS.
120 FCT/CR/43/2015 FRN V COL. MOHAMMED SAMBO DASUKI & 4 ORS.
123 EHC/74C/2017 FRN V INNOCENT AZUBIKE UMEZULIKE
124 FHC/ABJ/CR/56/07 FRN V ORJI UZOR KALU & ORS.
125 FHC/ABJ/CR/86/07 FRN V SAMINU TURAKI & ORS.
126 FCT/CR/64/2012 FRN V ESAI DANGABAR & 7 ORS.
127 FHC/LF/CR/34/2011 FRN V ALIYU AKWE DOMA & 2 ORS.
128 FHC/ABJ/CR/293/2015 FRN V MURTALA NYAKO & ORS.
129 FHC/ABJ/CR/05/16 FRN V OLISA METUH & ANOR.
130 FCT/HC/20/16 FRN V AIR VICE MARSHAL OLUTAYO OGUNTOYIBO
131 FHC/ABJ/CR/92/2016 FRN V AIR VICE MARSHAL MOHAMMED DIKKO UMAR
132 CR/182/2016 FRN V AVM. ALKALI MOHAMMED MAMU
133 FHC/ABJ/CR/113/2016 FRN V ROBERT AZIBOLA & 2 ORS.
134 FCT/CR/177/2017 FRN V SENATOR BALA MOHAMMED
135 FHC/ABJ/CR/141/16 FRN V EMEKA MBA & ORS
136 KTH/34C/2016 FRN V IBRAHIM SHEHU SHEMA & 3 ORS.
137 FHC/ABJ/CR/186/2016 FRN V AVM MARSHAL TONY OMENYI AND ANOR
138 FHC/ABJ/CR/42/2016 FRN V ABBA MORO & ORS
139 FHC/ABJ/CR/224/2016 FRN V ASHINZE & 8 ORS.
140 CR/210/16 FRN V VICE AD. JIBRIN & 3 ORS.
141 FHC/ABJ/CR/142/16 FRN V OLUGBENGA OBADINA AND ANOR.
NDLEA
142 FCH/L65/18 FRN V IGAN EGHEOSA
143 FHC/244C/12 FRN V. ADEGBOYEGA AYOBAMI ADENIJI
144 FHC/AWK/37C/2015
FHC/ AWKA, ANAMBRA STATE FRN V IKEJIAKU SYLVESTER CHUKWUNWENDU & 3 ORS
145 FHC/EN/CR/53/2015
ENUGU, ENUGU STATE FRN V EDDIE IFEANYICHUKWU DAYSON & 3 ORS
146 FHC/AK/56C/2015-
FHC AKURE, ONDO STATE FRN V AUGUSTINE FRIDAY USIFO & ANOR
147 FHC/L/519C/2015-
FHC LAGOS FRN V UBA HARRIS ALAEKWE & 13 ORS
148 FHC/ASB/21C/2016 FHC V ANTHONY CHUKWUEMEKA UMOLU & 8 ORS (INCLUDING FOUR MEXICANS)
149 FHC/L/232C/2016-
FHC, LAGOS FRN V JOHN VINCENT ARINZE
150 FHC/AK/CS/60C/2017-
FHC, AKURE, ONDO STATE EXPARTE APPLICATION (SUSPECT AT LARGE SINCE JAN. 2016)
151 FHC/AK/34C/2017-
FHC, AKURE, ONDO STATE FRN V ESUABOM JOHNSON & ERIC AKINYIMIKA
152 FHC/L/311C/2017-
FHC, LAGOS FRN V MUONEKE JOHNPAUL IFEANYI & 3 ORS
153 FRN V OGBEGBU GOODLUCK & ORS
154 FHC/L/483C/2017-
FHC, LAGOS FRN V EZE REMUGUS RAPURUCHUKWU & 4 ORS
155 FCH/L/235C/17 FRN V ONOWU CHUKWUKA ISAAC
SECOND SCHEDULE
Agencies of the federal government of Nigeria directly affected by this Order
1. ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC)
2. NATIONAL AGENCY FOR THE PROHIBITION OF TRAFFICKING IN PERSONS (NAPTIP)
3. NIGERIA POLICE FORCE (NPF)
4. INDEPENDENT CORRUPT PRACTICES AND OTHER RELATED OFFENCES COMMISSION (ICPC)
5. NATIONAL DRUG LAW ENFORCEMENT AGENCY (NDLEA)
6. NIGERIA CUSTOMS SERVICE (NCS)
7. NATIONAL AGENCY FOR FOOD AND DRUG ADMINISTRATION AND CONTROL (NAFDAC)
8. NIGERIAN IMMIGRATION SERVICE (NIS)
9. STANDARDS ORGANIZATION OF NIGERIA (SON)
10. NIGERIAN SECURITY AND CIVIL DEFENCE CORPS (NSCDC)
11. FEDERAL ROAD SAFETY COMMISSION (FRSC)
12. DEPARTMENT OF STATE SERVICES (DSS)
13. NIGERIAN COPYRIGHT COMMISSION (NCC)
14. SECURITIES AND EXCHANGE COMMSSION (SEC)
15. CODE OF CONDUCT BUREAU (CCB)
16. NIGERIAN FINANCIAL INTELLIGENCE UNIT (NFIU)
17. CENTRAL BANK OF NIGERIA (CBN)
18. OFFICE OF THE HEAD OF CIVIL SERVICE OF THE FEDERATION
19. NATIONAL IDENTITY MANAGEMENT COMMISSION
20. ANY OTHER AGENCY OF THE FEDERAL GOVERNMENT THAT MAY BE SUBSEQUENTLY INCLUDED BY THE HONOURABLE ATTORNEY GENERAL OF THE FEDERATION.

+++++++++++++++++++++++++++

Text of Buhari’s speech at the signing of executive order on confiscating corruption assets

By ElombahNews on July 6, 2018

REMARKS BY HIS EXCELLENCY, MUHAMMADU BUHARI, PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA, ON THE OCASSION OF THE SIGNING OF EXECUTIVE ORDER No. 6 OF 2018 ON THE PRESERVATION OF ASSETS CONNECTED WITH SERIOUS CORRUPTION AND OTHER RELEVANT OFFENCES

I am delighted to welcome you all to this very important occasion which is another milestone in the fight against corruption- a project that is very crucial to the viability and continuous well-being of this country. Whilst there are many reasons why Nigeria has been struggling; regrettably, the most unfortunate cause of great disparity between Nigeria’s wealth and its poverty is endemic corruption.

2. There is also a very strong link between corruption, peace and security. Unfortunately, corruption is everywhere; at all levels of government, and every stratum of our society. Without doubt, corruption constitutes an unusual and extraordinary threat to the well-being, national security, and economy of Nigeria.

3. Mindful of this serious challenge, as you are all aware, before coming into government, this Administration specifically promised Nigerians that it will address the challenges facing our nation in the three areas of:
(a) Security, (b) Economy and (c) Corruption.

4. As a government, and in furtherance of our anti-corruption programme, we have since inception engaged in multi-sectoral reforms on anti-corruption including the enforcement of Treasury Single Account (TSA), strict implementation of the Bank Verification Number Policy, Signing of the Open Government Partnership, and a lot of efforts have gone into building and development of our anti-corruption institutions among others.

5. We have so far kept faith with our promise and shall remain committed thereto until Nigeria triumphs over the evil of corruption, attain a prosperous economic status and surmounts all her security challenges.

6. Like I have many times said, if Nigeria does not kill corruption, corruption will sooner-or later kill Nigeria. Therefore, after three years in office, it is an opportune time to further review our achievements against set goals, and where necessary; re-appraise our strategy in order to achieve our outstanding objectives.

7. As this real battle continues, we still need to strengthen our policies and institutions in order to successfully fight corruption. We recognise that there are more grounds to cover in the war against corruption, and we are prepared to go out to possess those lands by cutting off any means that facilitates corruption and supports its growth.

8. From available records, the aggregate value of funds involved in some on-going prosecution of high profile corruption related cases stands at N595,409,838,452.25k. This amount is in excess of the N500 billion approved for Social Investment Programme in the 2018 Budget, which sum would be applied to cater for home grown school feeding programme, government economic empowerment programme, N-Power Job Creation Programme, Conditional Cash Transfers, etc. Cumulatively, scores of millions of Nigerian citizens would benefit from those programmes.

9. To further put things in perspective, the highest appropriation in the 2018 Budget in the sum of N344 billion went to the Ministry of Works for construction and rehabilitation of several roads nationwide. These roads are:

a. Lagos-Shagamu-Ibadan Dual Carriageway;
b. Ilorin-Jebba-Mokwa Bokani Road;
c. Abuja-Abaji Road;
d. Kano –Maiduguri Road;
e. Enugu-P/Harcourt Dual Carriageway;
f. Odukpani-Itu-Ikot Ekpene Road;
g. Sokoto-Tambuwal-Jega-Kontangora- Makera Road;
h. Dualisation of Obajana to Benin;
i. Calabar-Ugep-Katsina-Ala Road;
j. Onitsha-Enugu Dual Carriageway;
k. Abuja-Kaduna-Zaria-Kano Dual Carriageway;
l. Benin-Ofosu-Ore-Ajebandele-Sagamu Expressway Phase III;
m. Kontagora-Bangi Road.

10. All the foregoing roads are expected to be either constructed or repaired with equivalent of about 57% of the monies recovered by some of the on-going high profile corruption related cases.

11. It has thus become necessary to re-kit and re-tool our arsenal to be able to effectively tackle corruption’s perilous counter-attack against the Nigerian State. Accordingly, the Federal Government of Nigeria has declared a national emergency to deal with that crisis. In this regard, the Federal Government of Nigeria in line with its anti-corruption strategy seeks to ensure that the ends of justice is not defeated or compromised by persons involved in a case or complaint of corruption.

12. It is in consequence of this that I have decided to issue the Executive Order No. 6 of 2018 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 or for acts of terrorism, financing of terrorism, kidnapping, sponsorship of ethnic or religious violence, economic sabotage and cases of economic and financial crimes, including acts contributing to the economic adversity of the Federal Republic of Nigeria and against the overall interest of justice and the welfare of the Nigerian State.

13. Happily, the fight against corruption is gaining more momentum among the African States. We just returned from the African Anti-Corruption Year event at Nouakchott, Mauritania where all African Heads of State were gathered to promote the anti-corruption message.

14. Nigeria and 39 other African States have ratified the African Union Convention on Preventing and Combating Corruption. I pledge to elevate the African Union anti-corruption agenda at the next session of the United Nations General Assembly in September.

. Therefore, in order to preserve Nigeria’s political and economic systems, and the continuous progress of the Nigerian State from the serious threat of corruption, I call on all stakeholders, and indeed every Nigerian to give effect to this Executive Order.

16. Agencies of the Federal Government in consultation with the Attorney General of the Federation should identify and adopt best practices, and develop strategies for action. The fight against corruption is one that must be fought by everyone wherever corruption rears its head.

17. I thank you all for your anticipated cooperation and may God bless the Federal Republic of Nigeria

.++++++++++++++++++++++++++++++++++

On Saturday, July 7, 2018, Mobolaji Aluko <alukome@gmail.com> wrote:

My People:
This Executive Order 6 signed below by President Muhammad Buhari three years into his administration is an admission that for corruption to be curbed in Nigeria – nay any country – the very suspected assets of the corruption ABOVE what is considered legitimate earning  must be restricted from the suspects, or else it is a never-ending battle.  Those very assets can be used – and are being used – to fight back,  to bring back corruption.
This is not a matter of guilty until proven innocent.  Unless a separate serious case is made of witness tampering or flight from justice, the liberty of the suspect should not  be restricted.  However, it violates a sense of justice to society when the proceeds of that rape of society is used to defend the suspect, particularly when the suspect is found guilty on the long run.  Of course, if not found guilty, the property should be swiftly returned – with interest wherever possible.
Let us be frank:. Total legitimate earning of cash or physical assets  ovet a period is easily determined.  It is the sum of inheritance, lottery winning, gift, salary and wages, payment for consulting service, and investment.  My reader should assist me if there are other sources.   God does not drop money or physical assets from the sky.  So if a public servant is found to have a billion naira in assets – or even N50 million –  or an employee of a private company,  or really any person for that matter living above visible income and there is any suspicion, he or she should be made to account for it against the six sources that I stated above.  Simple.  Until he can do so by a date certain, those assets are stored under key, and forfeited if unable to satifactorily do so before a Judge.
I will tell a personal story.  Recently I was asked on a Tuesday afternoon to declare my assets in Nigeria, and given a long form to fill and return to the issuing office as soon as possible, which form was required to be counter-signed by a Judge.  That is different, I asked, and I was told a Judge was required..  By the very  following morning, I had completed the form, and found my way to an Abuja High Court where apparently some three Judges are assigned to such attestations.  After waiting for an hour, I was ushered into the cavernous chamber, of the next available free Judge and at first the stern-looking Judge took the paper, looked at the name, my last  occupation, my face, thumbed through the document, looked at me again, and said “You were a VC?” I said Yes. “In Otuoke, the former President’s hometown?” Yes.  “And this is all you have…so many None..None..None..written  all over here?”. I said “Yes sir, . I only worked for five years here Sir, I came from the Diaspora.  I did not stay enough to acquire much.”.  “Ha, five whole years?  There are VCs who come here and attach several pages to the form to complete it!” The Judge told me.. Looking at his lady  secretary and another male visitor in his office then and shaking his head, he then proceeded to introduce himself, as being from Ekiti State, that he knew my father, and he was happy about the form before him, etc etc.  I stayed another hour in the Judge’s chamber, regaling and being regaled about corruption in Nigeria, and after exchanging phone numbers, I had to remind him to sign my paper please before I left to submit it to the issuing office  – where I was subjected to another query as to whether that was what I really had, to which I answered again in the affirmative, that they are free to check things out.
Of course, there was no proof that I had submitted all the pertinent information – which I had by the way, all my bank account numbers and BVN etc.  – but it appears that there is so much impunity in Nigeria that information is often clearly available about excessive asset accumulation.  It is just that there is the  idea that some of the illegslly acquired assets will be used to hire lawyers, and bribe  investigating offucers and prosecutors and court registrars and judges anyway, and then use the rest to live high the rest of their natural lives.
This presidential  Executive Order should minimize that ploy, and one hopes that it is not deployed in a heavy-handed manner.   However, it should be noted that Prosecutors still have to identify the suspects, and  Judges will still have a role to play in determining whether some earnings are legitimately made or not – and those are still subject to corrupt  practices.  This is where Cuvil Society Organizations should be engaged to ensure that justice is being done throughout.
Finally, confiscated assets should be disposed of rapidly to the benefit of Society, so that they are not re-looted, either by the Executive or the Legislature.  Again, this is where the greatest amount of transparency is needed.  This is where the cash transfer initiative being deployed with respect to the Abaca loot is to be commended.
This is July, and I hope that the program has truly started.
And there you have it.
Bolaji Aluko

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