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or statutory means, including seeking the appropriate Order(s) of Court where necessary, and shall not be transferred, withdrawn or dealt with in any way until the final determination by a court of competent jurisdiction of any corruption related matter against such a person.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 …4th.. DAY OF …July…. 2018

Muhammadu Buhari

PRESIDENT

FEDERAL REPUBLIC OF NIGERIA

Seen, more like a military decree

Vague, indirect and misdirected

Too late as election materials including posters, campaign strategies have been ready to oust you in 2019 since 2015. Nonsense and purpose-less EO

'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).'

- See how unclear and unserious his approach. With this statement it appears he is unsure of his EO.

Mr. Buhari is running a military government. The court and the legal systems in Nigeria have been mocked re-mocked under his regime.

He is setting wrong examples for posterity.

How many of these executive orders do we have to promote the ease of doing business in Nigeria?

Four more years, Nigeria is gone!

The way Buhari n APC talks about corruption n integrity, one would think they are saints.

For those of you who couldn't read the long post or didn't understand it, what they're trying to do is to define corruption as an offence and prescribe appropriate bodies to handle corruption matters.

Not a new law or anything is being added, just to direct the appropriate bodies to attend to matters of corruption.

Leopard can never change it's spots...

See this brain-numb character falling over himself with his coven of accounts on my mention.

Who's Buhari that he would not be called out, abeg make each of your accounts go sniff soak-away.

FOR 2019 Let us compare some issues:
1. Power: This and other infrastructural developments are needed to boost business. This government has generated more power now than in previous government. Before now, they sold/privatizated power, looted the money for power, they became shareholders in companies that imported generators & turned us to up "NEPA"
Atiku has the biggest company in Nigeria that import generators to the country by the way, (making billions of dollars that way every year by selling to all the big companies and individuals in Nigeria) how will that kind of person will ever want the country to have constant electricity?!
We witnessed that for many years prior now!
And he has been in government for more than a decade with nothing to show for only that aspect of the economy (Power).

2. Economy: according to reports, only about 12% of d masses transact in foreign currencies. Most users need it for luxury i.e shoes, furniture, wears and for foreign product's which can be locally made , that is finished agricultural goods, rice, etc.
There is what we call trade deficits. Nigeria has always been more of an importing country than exporting save for crude oil. This inability to balance trade over time has been affecting the exchange rate. Buhari is doing what Trump is doing to America, shut down the borders to foreign goods that can be grown locally, engage in indigenous production. In a spate of 10 years of such consistency with participation of corporate coys, state government like Ebonyi, Nasarawa, Jigawa have done with rice,the youth participation then, jobs & food would be available.Today Exportation has increased, importation is reducing and the naira would be strengthened against foreign currencies over time.
What we've witnessed in the past has been government opening its ports to foreign goods, turning the country to a dumping ground, fraudulent duty waivers to cronies, thus discouraging indigenous production making the country lazy.
Let us begin with your TSA argument.
Our lazy banks made easy monies holding fraudulent funds for Federal MDAs. PMB shut down those accounts to enable the banks carry out real banking of lending to real sector, agro sector, marine & oil and gas.
This has saved the government millions of naira of bank charges.
Again, it is obvious the trouble makers have diverted their sponsorship of crime to politicking for now, little wonder the sudden reduced killings.
Was Bush America weak when September 11 happened? These are temporary setbacks that our securities are tirelessly working on.
Please kindly tell us if we've not made gains in agriculture than ever before.
Please also tell us if we've not generated power than ever before.
We say no to those who took us into recession by plundering and raping the country blindly.
Now they are gathering again to destroy the little gains we have made.
There is no quick fix.
Why are we so forgetful, We are our own problem.
No pain no gain. G.M
We are not here to capmpaign , everyone has a right to vote for their candidate.
Posterity will judge us all and your children will definitely ask you questions in the nearest future.
GOD BLESS NIGERIA.

Good move.

Welcome to the Banana Republic......A country bn governed by a president with an 18th century brain/mentality.....

leisuretym:
BUHARI VS ATIKU popularity test

https://www.nairaland.com/4786800/atiku-vs-buhari-online-polls#72057104

see who is leading despite their noise

That's how Adeleke and Eleka won online tests.

Almajiri votes from just 3 northern States are more than the entire SE votes and you're conducting online polls for people without PVC.

A very bold and decisive move by the Anti Corruption Champion of Africa himself.

This is the more reason the so-called ex-Generals and looters of public funds are ganging up against this man. Sadly, they have victims of their looting taking side with them. The good thing is, the man they’re dealing with is more determined to succeed than them and he has those of us who are patriotic Nigerians by his side.

On 2109, not only that PMB will win, he will win BIG.

If anyone here doubts it, I’m ready to put down N100k against his/her N50k, we give to Seun for safe keeping. After the election, my win will go to needy members of this forum. If you’re game, quote me and let’s do it.

Kenekingisback:
Seen, more like a military decree

Vague, indirect and misdirected

Too late as election materials including posters, campaign strategies have been ready to oust you in 2019 since 2015. Nonsense and purpose-less EO

'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).'

- See how unclear and unserious his approach. With this statement it appears he is unsure of his EO.

Money spent on your education is a total waste. If you don’t know, better ask questions.

You get N50k to win N100k?

Just watching

BruncleZuma:


Leopard can never change it's spots...

Its, not it's.

Did you make an attempt at understanding what you read or you're naturally incapable of understanding what you just read?

budaatum:
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 …4th.. DAY OF …July…. 2018

Muhammadu Buhari

PRESIDENT

FEDERAL REPUBLIC OF NIGERIA

Abeg back to daura

We need the 50 names

NO to ATIKU
YES to BUHARI

Where is Babachir the grass cutter, mainagate, etc mr corruption fighter, we r watching u

Contest @ Supreme Court

This won't stand scrutiny

This is a Welcome development. No wonder all Nigerian Corrupt politicians are supporting Atiku, they knew that Buhari will stop at nothing untill they are all prosecuted.

God bless my beloved President.

Wow!

Can someone derive a general formula of the prose poetry above for an engineer?

But seriously,

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;

Isn't it glaringly evident that we have, and still suffering this in governance till date? Is this an update, upgrade, or a review to this section on the Constitution?

Buratai comes to mind. Amaechi, Saraki, most S/W governors...80% of our politicians and appointees are guilty, past and present.
I only hope the man understands all these he's just broadcast.

Buhari is really a silly goat.

immhotep:

Abeg back to daura

After the long post, I'm not surprised you're suffering from mental fatigue.

Your RAM is like that of Porpo calculator, very low.

Nice one. I even think it's coming late

This is a welcome development.
The fight against corruption must continue

Marketers and Sales Executives are needed at The FoodHub (E-commerce platform) in Ibadan
See this thread
https://www.nairaland.com/4785919/sales-executive-jobs-foodhub-ibadan

Ok

Even if Atiku is a direct descendant of Lucifer & a cousin to d devil
himself & best friends with Judas, paternal uncle to Cain,a distant cousin to Achan, Ananias & Saphira, or an elder brother to Pharaoh"

Will we try him

If he ended up like PMB, we will vote him out in 2023.

See the two clowns below me.

ok