The Ilegality and Unconstitutionality of the Freezing Order By the CBN: The Want For The Independence of the Varied Arms of Authorities
The motion of the Governor of the Central Financial institution of Nigeria, by freezing the accounts of people concerned ultimately SARS protest, is demonic, unconstitutional, unlawful and illegal.
It’s additional an indictment on the judiciary that such a draconian order could be made freezing the accounts of people whereas investigations are on-going, on the idea of their alleged involvement with finish SARS protest. The place then is lies the constitutional presumption of innocence? The place then lies one of many twin pillars of pure justice, audi altarem partem? The place then is the honest listening to?
By this order, the court docket has breached one of many twin pillars of pure justice, which is, “hear the opposite facet of the case”. Additionally it is very unlucky that such an order that may topic the residents to additional financial hardship could be given ex parte in view of the present harsh state of affairs within the nation. Is the federal government out of contact with the folks?
Moreover, besides the place there are statutory provisions in any other case, one basic consideration earlier than a court docket could make or grant an ex parte utility, is “steadiness of comfort.” If the court docket had balanced the comfort previous to the grant of the order, such an order ought to not have been granted within the first occasion, given the prevailing circumstances.
Our establishments ought to be impartial and impartial of the manager arm of presidency. What the CBN governor has accomplished is morally and legally unsuitable. Within the face of the order, it was not acknowledged the statutory provisions below which the applying was made. I’m very sure that the CBN Governor, by advantage of the CBN Act and BOFIA, has no powers to freeze the accounts of people on the idea,upon which it was accomplished.I’ve gone by way of the whole provisions of the CBN Act, and BOFIA Act, there isn’t any the place that the CBN Givernor is given or endowed with the powers to freeze the accounts of people.
The affected events ought to go to court docket and problem the orders made, as such orders infringe upon their rights to honest listening to and presumption of innocence as supplied for in part 36 of the 1999 Structure as amended.
I additionally anticipate that the NBA ought to problem a public assertion condemning the actions of the CBN Governor and additional provide authorized help to the victims of this illegally obtained freezing order.
Nkem Okoro Esq.
Constitutional Lawyer and Human Rights Activist
Win your Courtroom instances right now, Get Inexpensive Supreme Courtroom Legislation Stories >> CLICK HERE
BESTSELLER: Get A-Z of latest legal guidelines of ELECTRONIC EVIDENCE in Nigeria By Alaba Omolaye-Ajileye. To ORDER, sms or name : +2347063666998, +2348159307051 or e-mail firstname.lastname@example.org
The Stories include useful and unusual locus classicus for Authorized analysis, opinion, and advocacy. Seize your copy now!!! Name 07044444777 or 08181999888.
Go to our web site: www.alexandernigeria.com/