By Nkem Okoro Esq.

The action of the Governor of the Central Bank of Nigeria, by freezing the accounts of individuals involved in the end SARS protest, is demonic, unconstitutional, illegal and unlawful.

It is further an indictment on the judiciary that such a draconian order would be made freezing the accounts of individuals while investigations are on-going, on the basis of their alleged involvement with end SARS protest. Where then lies the constitutional presumption of innocence? Where then lies one of the twin pillars of natural justice; audi altarem partem? Where then is the fair hearing?

By this order, the court has breached one of the twin pillars of natural justice, which is, “hear the other side of the case”. It is also very unfortunate that such an order that will subject the citizens to further economic hardship would be given ex parte in view of the current harsh state of affairs in the country. Is the government out of touch with the people?

Furthermore, except where there are statutory provisions otherwise, one fundamental consideration before a court can make or grant an ex parte application, is “balance of convenience.” If the court had balanced the convenience prior to the grant of the order, such an order ought not to have been granted in the first instance, given the prevailing circumstances.

Our institutions should be neutral and independent of the executive arm of government. What the CBN governor has done is morally and legally wrong. In the face of the order, it was not stated the statutory provisions under which the application was made. I am very certain that the CBN Governor, by virtue of the CBN Act and BOFIA, has no powers to freeze the accounts of individuals on the basis,upon which it was done.I have gone through the entire provisions of the CBN Act, and BOFIA Act, there is no where that the CBN Governor is given or endowed with the powers to freeze the accounts of individuals.

The affected parties should go to court and challenge the orders made, as such orders infringe upon their rights to fair hearing and presumption of innocence as provided for in section 36 of the 1999 Constitution as amended.

I also expect that the NBA should issue a public statement condemning the actions of the CBN Governor and further offer legal assistance to the victims of this illegally obtained freezing order.

Nkem Okoro Esq.
Constitutional Lawyer and Human Rights Activist

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