SUPPORTERS VS OPPONENTS OF THE EXCUTIVE ORDER NO. 6

SUPPORTERS VS OPPONENTS OF THE EXCUTIVE ORDER NO. 6

                        By:
            Nurudeen Dauda
                 July 9,2018
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In my suggestion ,for the government to win the battle against corruption, its should and or must pay more "attention" to "preventive measures" rather than "punitive measures"to its fight against corruption .

In my observation, for us to successfully fight and win the battle against corruption in the country, the three arms of government must all be on the same page of the "Book". In a situation where the Executive is in page one (1), the Legislature in page two (2) and the Judiciary in the page three (3)of the book, the war becomes very difficult to fight.

President Buhari has on the 5th day of July, 2018 signed an Executive Order No. 6. From the Preident's statement, It is crystal clear that, the New Executive Order is not asking for permanent "seizure" or "forfeiture"of someone's "Asset" or "property",but it is asking for a "temporary" restriction from the use of any "suspicious" "Asset" or "property" by its owner untill the conclusion of all court cases.

It is argued by some analysts that, most of the accuse persons facing trials could "hire" the most competent lawyers that even the government could not afford their "fees" in order to depend themselves. Perhaps, it is in line with this though that, the Buhari administration feels Executive Order No. 6 is highly needed in order to re-kit as well as re-tool its Anti-corruption war.

"...In simple terms, the idea of the new Executive Order is to ensure that criminal elements are prevented from using their illicit resources to allure, pervert and /or Intimidate the Investigative and Judicial process.The purpose of the Executive Order is not to forfeit peoples properties but rather temporarily deny access which can be used to corrupt or Interfere with the Investigative and Judicial  processes..." - Garba Shehu, SSA to the President (Daily Trust, July 6, 2018).

ITS SUPPORTERS:

Its supporters claim that its authority is derived under Section 5(1)(b) and Section 15(5) of the 1999  constitution as amended.The Section 5 (1)(b) States that: " Subject to the provision of this constitution, the executive powers of the federation, shall extend to the execution and maintenance of this constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for time being, power to make laws and Section 15 (5) says : "The State shall abolish all corrupt practices and abuse of power".

ITS OPPONENTS:

Its opponents site sections 36 and 44 of the 1999 constitution as amended as their reasons. Section 36(5) states that :" Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty " and Section 44 (1) states that :"No moveable property or any interest in an immovable property shall be taken possession of compulsorily and no right  over or interest in any such property shall be acquired compulsorily in any part of Nigeria except in the manner and  for the purposes prescribed by a law that, among other things ".

In my understanding , this new strategy of the Buhari's administration will strengthen punitive measures of its Anti -corruption war. However, it is my humble view, that  the government gives more emphasis on preventive measures. In other words, the government should pursue both preventive and punitive measures.

In my suggestion, the government should pay more attention to use of modern technology in preventing corruption. More so, its should mobilize and use our Religious Institutions , Educational Institutions, Film Industry , Music Industry and the Media its crusade again the cancer  called corruption.

May God bless Nigeria!

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