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FACTS AND LEGALITY OF PRESIDENT’S EXECUTIVE ORDERS

 

An Executive Order doesn’t need parliamentary approval.
So the Legislature cannot nullify it because they lack such power.

The Executive Powers of the Federation rests in the President in accordance with Section 5 of the Constitution of the Federal Republic.

The provisions of the Presidential Executive Order No. 6 of 2018 on the Preservation of Suspicious Assets Connected with Corruption and Other Relevant Offences, recently issued by President Muhammadu Buhari is covered by section 15 (5) of the Constitution dealing with Fundamental Objectives and Directive Principles of State Policy  for the state to abolish corrupt practices and the abuse of power.

From the foregoing constitutional executive mandate, an executive order can only be issued to enforce already existing powers, duties and mandates under existing laws; to manage staff and resources of executive agencies for greater economy, efficiency, effectiveness and for the realisation of high level policy goals.

The President has not overstepped his powers by issuing the order since he is not creating a new law but carrying out the dictates of the Constitution.

Though the Constitution didn’t mention “executive order” in its provisions, the term was borrowed from the United States Presidential system.

This is not the first time an Executive Order is being issued.
Infact this is No. 6.

There was an Executive Order on Support to Local Content in Public Procurement made pursuant to the fulfillment of the domestic preference section of the Public Procurement Act, 2007 by late President Musa Yaradua.

The hue and cry over the latest Presidential Order is because it affects looters of the nation’s Treasury.

Every patriotic Nigerian should understand that and stand with the President against the enemies of the nation in the fight against Corruption.

God bless Nigeria.

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