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Does Buhari’s Executive Order 6 Allow Travel Ban? Check it Out

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There has been much Ado about a supposed ban order placed on 50 prominent Nigerians. But observers are asking if the presidential executive order as signed by President Muhammadu Buhari made provision for travel ban. Below are the details of the presidential executive order 6:

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; President Muhammadu Buhari on Thursday signed an Executive Order to improve his administration’s fight against corruption.

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

 

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Tinubu, Makinde Express Relief at Rescue of Oyo Kidnapped Pupils, Teachers

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Oyo State Governor Seyi Makinde has expressed relief and joy over the release of the abducted schoolchildren and teachers in Oriire Local Government Area.

“It is such a big relief for all of us. Right now, I am overjoyed and can hardly say much,” the governor told Channels Television.

President Bola Tinubu has also expressed delight over the successful rescue of abducted children and teachers, commending the military, the DSS, and the Nigeria Police Force for ending their 56-day captivity.

The President said the security operation led to the arrest of eight suspected abductors while several others were neutralised, describing the outcome as a major relief for the victims, their families and the nation.

In a statement issued on Friday by his Special Adviser on Information and Strategy, Bayo Onanuga, Tinubu praised the security agencies for what he described as their tireless efforts in securing the victims’ release.

He also sympathised with the children, teachers and their families over the trauma they endured during the prolonged ordeal

The President further commended the Oyo State Government for its cooperation with the Federal Government throughout the rescue operation and urged the state to strengthen security around schools to prevent similar incidents.

President Tinubu also directed emergency response agencies to work with the Oyo State Government to provide the rescued children and teachers with all necessary medical care and relief support as they recover from the ordeal.

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Searching Phones Without Court Warrant Unlawful, Police Warn Officers

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The Police Command in Plateau State has warned its personnel against unlawfully demanding and searching citizens’ mobile phones.

The Commissioner of Police (CP) in the State, Bassey Ewah, issued the warning while addressing its personnel in Jos.

The Police Public Relations Officer (PPRO) of the command, Alfred Alabo, disclosed this in a statement on Thursday.

“No personnel of this command has the legal authority to search mobile phone of any citizen on the road without a court warrant,” Alabo quoted Ewah as saying.

The PPRO said that the commissioner, who reiterated the command’s commitment to professionalism, warned personnel against unprofessional conduct.

He added that the commissioner advised residents to politely decline any unlawful attempt by personnel to search their phones and report the incident to the nearest police station.

Alabo also advised residents of the State to report any incident of harassment through the following phone numbers: 08034448617, 08060545670, 08037681026, 09016146804, and 09051145757.

The PPRO further reaffirmed the command’s commitment to protecting the lives, property and rights of law abiding residents in line with global best practices.

NAN

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Defence Minister Orders Troops to Shoot Bandits, Terrorists on Sight

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The Minister of Defence, Gen. Christopher Musa (rtd.), on Wednesday, directed troops engaged in counter-terrorism and anti-banditry operations to shoot terrorists and bandits on sight without waiting for further authorisation, declaring that the Federal government would no longer tolerate hesitation in confronting armed criminals.

Musa gave the directive in Sokoto during the commissioning of security assets worth N27.6 billion procured by the Sokoto State Government to strengthen ongoing operations against terrorism, banditry, kidnapping and other violent crimes across the state.

Addressing military personnel and other security operatives at the Giginya Memorial Stadium, the Defence Minister said soldiers deployed to operational theatres must act decisively whenever they encounter terrorists or bandits, warning that any operative who refuses to engage criminals under the guise of awaiting orders would be treated as an accomplice.

“Once you are deployed, do not wait for any order from anybody to shoot any bandit or any terrorist. Anybody who refuses to shoot or kill any bandit or terrorist in the name of waiting for an order, we will treat you like a bandit. This is a general order”, Musa said.

The minister stressed that the Armed Forces were determined to sustain the offensive against criminal groups threatening Nigeria’s peace and security, insisting that troops must seize every opportunity to neutralise terrorists before they inflict harm on innocent citizens.

His remarks came as the Sokoto State Government unveiled one of its biggest security intervention programmes, comprising armoured personnel carriers, tactical vehicles and 300 motorcycles to enhance security operations across vulnerable communities.

The equipment was commissioned in the presence of senior military officers, heads of security agencies, traditional rulers, government officials and residents.

Governor Ahmed Aliyu described the ₦27.6 billion investment as a strategic intervention aimed at strengthening the operational capacity of security agencies to combat terrorism, banditry, kidnapping and other violent crimes.

He said the procurement forms part of his administration’s broader strategy to restore peace, particularly in rural and border communities that have suffered repeated attacks by armed groups.

According to the governor, security remains the bedrock of development, noting that agriculture, commerce, investment and social progress cannot thrive in an environment plagued by fear and instability.

Aliyu added that the newly acquired armoured vehicles, tactical vehicles and motorcycles would improve rapid response, intelligence gathering, surveillance operations and troop mobility, especially in difficult terrains where criminal elements often operate.

The governor commended President Bola Tinubu, the Armed Forces and other security agencies for their sustained support in tackling insecurity, pledging that his administration would continue investing in initiatives that complement the Federal government’s security efforts.

He also praised Musa for his leadership and commitment to the fight against terrorism and banditry.

In recognition of the Defence Minister’s contributions to national security, the governor inaugurated a major road in the Sokoto metropolis and named it General Christopher Musa Road.

Responding, Musa lauded the Sokoto State Government for prioritising security, describing the investment as evidence of visionary leadership and a strong commitment to protecting lives and property.He said overcoming insecurity requires close collaboration among the federal, state and local governments, as well as active support from citizens through the provision of credible intelligence.

The Defence Minister noted that the newly commissioned security assets would improve operational effectiveness and boost the morale of troops and other security personnel deployed across Sokoto State and the wider North-West region.

He assured Nigerians that the Armed Forces remained fully committed to eliminating terrorists, bandits and other criminal elements threatening the country’s peace and stability.

The ceremony ended with the inspection and symbolic handover of the security assets to the relevant security agencies, with stakeholders describing the intervention as a significant boost to Sokoto State’s security architecture and Nigeria’s wider campaign against insecurity.

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