Executive Order 06 and the ‘Legality’ of Buhari’s Selective Travel Ban, By Kayode Ajulo

…the present attempt by the Executive to circumscribe the rights to free movement by certain citizens of Nigeria must of necessity go the way of the Executive Order 06. It is unconstitutional for a democratic government to seek to restrain a citizen from his right to free movement without an order of a court of competent jurisdiction. The government of President Muhammadu Buhari is perpetrating a state of confusion and anomie by the recent statement purportedly placing a travel ban on some unknown and imaginary persons in Nigeria. It is important that the meaning and scope of the Executive Order 06, which allegedly gives fillip to the current order against traveling by some classes of Nigerians as enunciated by the Federal High Court, Abuja in its judgment of Friday October 12, 2018, is set forth clearly. The Court held, by the said judgement, that although Executive Order 06 seems to somewhat give the attorney general of the federation (AGF) the power to summarily seize or confisticate property, but before the discretion can be exercised, the AGF must always first seek permission or approval of the Courts before any property can be seized or confisticated. The ratio in the judgment is that the order to seize must, at all times, seek the permission or approval of the courts, even by an ex-parte application and such application shall be subjected to the test of validity, depending on the merit of each individual case. This rests the confusion that the executive order to seize property can be viewed or regarded as something giving direct power to the executive to confiscate property in the absence of court approval or sanction, which needs to be sought and obtained at all times. Executive Order 06 is reminiscent of the infamous and draconian Decree No 4 of 1984, which was cruelly pursued and enforced by the incumbent president, who was the military head of state at the time. Without doubt the obnoxious decree was one of the sore points of that administration in which the basic human rights of Nigerians were thrown to the dogs. This invariably establishes the right of every affected litigant to subject every action against his interest purportedly done in pursuance to the Order to judicial review, which invariably would be determined on the basis of the merit of each case. It is my opinion, therefore, that the present attempt by the Executive to circumscribe the rights to free movement by certain citizens of Nigeria must of necessity go the way of the Executive Order 06. It is unconstitutional for a democratic government to seek to restrain a citizen from his right to free movement without an order of a court of competent jurisdiction. This is in contradistinction to the right of the appropriate security agencies to effect an arrest of a citizen pursuant to a properly issued warrant for his arrest, with all the attendant duty to establish that the citizen has either committed an offence, either singly or in conjunction with other persons. It is all the more frightening that there are no names mentioned and a blanket statement was made to cover all citizens having N50 million or above! One cannot but wonder if this latest draconian Order is not targeted at perceived political enemies and members of the political opposition. Executive Order 06 is reminiscent of the infamous and draconian Decree No 4 of 1984, which was cruelly pursued and enforced by the incumbent president, who was the military head of state at the time. Without doubt the obnoxious decree was one of the sore points of that administration in which the basic human rights of Nigerians were thrown to the dogs. I earnestly believe and hope that the Court will rise up yet again to take up its position as the bastion of democracy.]]>