fbpx
  • Latest
  • Trending
Bill To Strip President Of Powers To Order Forfeiture Of Assets Passes Second Reading

Bill To Strip President Of Powers To Order Forfeiture Of Assets Passes Second Reading

July 3, 2020
Like Zamfara, Yobe Shuts All Boarding Schools

Like Zamfara, Yobe Shuts All Boarding Schools

February 28, 2021
Tanko-Yakasai: Buhari Wasn’t Arrested For Asking Jonathan To Resign – Falana

Tanko-Yakasai: Buhari Wasn’t Arrested For Asking Jonathan To Resign – Falana

February 28, 2021
Premier League: Chelsea, Man United Share The Spoils In Goalless Fixture

Premier League: Chelsea, Man United Share The Spoils In Goalless Fixture

February 28, 2021
NDLEA Arrests Transborder Drug Trafficker With N1bn Worth Of Cocaine In Sokoto

NDLEA Arrests Transborder Drug Trafficker With N1bn Worth Of Cocaine In Sokoto

February 28, 2021
Seven Of Abducted 317 Female Students In Zamfara Escape – Report

Abducted Zamfara Schoolgirls Not Released, Negotiation Still Ongoing – Govt Officials

February 28, 2021
Invite Shekau, Gumi Before Disturbing Me, Igboho Tells FG

We Have No Hand In Attempt To Arrest Sunday Igboho – Oyo Govt

February 28, 2021
COVID-19: We May Impose Another Lockdown If… – FG

Nigeria To Receive About 4m Doses Of COVID-19 Vaccine Tuesday – PTF

February 28, 2021
70 Professors Have Left UniMaid Due To Insurgency – VC

70 Professors Have Left UniMaid Due To Insurgency – VC

February 28, 2021
North Should Set Up Grazing Reserves To End Farmer-Herder Clash – Shehu Sani

Protecting Schools Cheaper Than Paying Ransom – Shehu Sani

February 28, 2021
Detaining Or Killing Sunday Igboho Will Be Your Biggest Mistake, Fani-Kayode Warns FG

DSS Wanted To Assassinate, Not Arrest, Me – Sunday Igboho

February 28, 2021
Guns

Insecurity: Bishop Tells FG To Declare State Of Emergency

February 28, 2021
Premier League: Arsenal Come From Behind To Beat Leicester City

Premier League: Arsenal Come From Behind To Beat Leicester City

February 28, 2021
  • About
  • advertise
  • Privacy & Policy
  • Contact Us
Monday, March 1, 2021
Newsbreak.Ng
  • Login
No Result
View All Result
  • Home
  • News
    • Breaking News
    • International
    • Education
    • Crime/Judiciary
    • Politics
  • Business
    • News
    • Economy
    • Brands and Marketing
  • Lifestyle
    • Sex
    • Events And Places
    • Fashion and Beauty
    • Health
  • Opinion
  • Love & Life
  • Sport
    • Football
    • Boxing
    • Tennis
  • Entertainment
  • Newsbreak TV
    • All
    • N-videos
    Confusion As Bride Boycotts Wedding

    Reactions: What If Your Lover Left The Country Without Telling You? (See Video)

    Buhari’s Reelection: Beginning Of The End For Nigeria?

    Big Gainers & Losers Of 2019 Nigerian Elections

    Buhari Went Too Far With Ballot Box Comment, Says Respondents

    Trending Tags

    • Newsbreak.ng Giveaway
    • False News
Newsbreak.ng
No Result
View All Result
ADVERTISEMENT
Home News Breaking News

Bill To Strip President Of Powers To Order Forfeiture Of Assets Passes Second Reading

by Oluwafemi Ashaolu
July 3, 2020
in Breaking News
243 16
0
Bill To Strip President Of Powers To Order Forfeiture Of Assets Passes Second Reading
503
SHARES
1.4k
VIEWS
Share on FacebookShare on Twitter

A bill seeking to strip the President of the powers to order forfeiture of assets of accused persons, has scaled second reading at the House of Representatives.

Read Also: Army Releases Wife Of Buratai Critic As Reps Seek To Intervene

YOU MAY ALSO LIKE

317 Students Kidnapped From Zamfara Girls’ College – Police

Fake Military Officers Arrested With 394 Blocks Of Cannabis  

The bill, which passed second reading in plenary on July 2, is sponsored by deputy speaker, Ahmed Wase, entitled “a bill for an act to amend the currency conversion (freezing orders) act cap. C.43, Laws of the Federation of Nigeria, 2004 to give discretionary powers to the judge of a High Court, to order forfeiture of assets of affected persons and for related matters.”

Presenting the bill, Wase said, “It is noteworthy that the provision for forfeiture in our laws is geared towards ensuring that persons found guilty of offenses do not benefit from the proceeds of those offences”.

Read Also: We Didn’t Shut Down Operations  In Nigeria – OPay Country Manager

He said the discretionary power previously granted to the President by the Principal Act is hereby being replaced by that of a High Court Judge, to bring it in line with the spirit of the constitution.

The deputy speaker argued that the provision, which vested in the President the power to order forfeiture of property (both movable or immovable), “is not in the spirit with the provisions of the 1999 Constitution (as amended) and hence the need for its amendment.

Read Also: Yahaya Bello Loses Another Aide

“Section 44 of the 1999 Constitution (as amended) guarantees the fundamental right of individuals to movable and immovable properties, which shall not be deprived except in specified circumstances which include the ‘imposition of penalties or forfeiture for the breach of any law whether under any civil process or after conviction for an offence’. (S. 44 (2) (c).

“Mr Speaker, colleagues, it is our submission that such breach, can only be determined by the judge of a court and should never be at the discretion of the president.

Read Also: Woman Raped While Hawking Delivers Triplets

“It is further noted that the discretion of the president to order the forfeiture of property of an accused person can be subjected to executive abuses and recklessness. Section 9 in the Principal Act does not provide any mechanism (whether legal or administrative) through which the President may exercise this power. Instead the power is left solely at the discretion of the President.

“In a country that has witnessed reckless abuse of political and administrative powers, it will be dangerous to allow such unchecked arrogation of powers to determine the forfeiture of a person’s properties.”

Read Also: It’s DSS, NIA’s Job To Expose Boko Haram Sponsors, Not Ours – Army

“Such discretion to be exercised by the president can be contrary to the natural doctrine of fair trial as it amounts to the executive being a prosecutor and a ‘Judge’ in its own case.

“This negates the spirit of the 1999 Constitution (as amended) specifies the conditions under which a person can be deprived of movable or immovable properties and that is: ‘under any civil or after conviction for an offence’ after a fair trial.

“The president cannot therefore, usurp the powers of the courts for such will run foul of the doctrine of Separation of Powers.

Read Also: Video: Pastor Caught Naked While Trying To Sleep With Married Woman

“Vesting in the president the power to make forfeiture order smack of the era of military dictatorship where the Head of State and Head of the Supreme Military Council and unilaterally order the forfeiture of properties of persons without recourse to any judicial mechanism. This cannot be allowed to exit in a democracy. I therefore urge you all to support this amendment bill.”

Tags: Ahmed Wasebillforfeiturepresident
Share201Tweet126
Please login to join discussion

Youtube

Search

No Result
View All Result

Recent News

Like Zamfara, Yobe Shuts All Boarding Schools

Like Zamfara, Yobe Shuts All Boarding Schools

February 28, 2021
Tanko-Yakasai: Buhari Wasn’t Arrested For Asking Jonathan To Resign – Falana

Tanko-Yakasai: Buhari Wasn’t Arrested For Asking Jonathan To Resign – Falana

February 28, 2021
Premier League: Chelsea, Man United Share The Spoils In Goalless Fixture

Premier League: Chelsea, Man United Share The Spoils In Goalless Fixture

February 28, 2021

We are a broad-spectrum source of credible, useful and timely news, features and opinions, especially as they affect Nigerians at home and in the diaspora.

Recent News

  • Like Zamfara, Yobe Shuts All Boarding Schools
  • Tanko-Yakasai: Buhari Wasn’t Arrested For Asking Jonathan To Resign – Falana
  • Premier League: Chelsea, Man United Share The Spoils In Goalless Fixture

Newsletter

Sign up to our newsletter and get recent news directly to your inbox!

[mc4wp-form-2]

  • About
  • advertise
  • Privacy & Policy
  • Contact Us

© 2014 Newsbreak - Designed by STAY MEDIA.

No Result
View All Result
  • Home
  • News
    • Breaking News
    • International
    • Education
    • Crime/Judiciary
    • Politics
  • Business
    • News
    • Economy
    • Brands and Marketing
  • Lifestyle
    • Sex
    • Events And Places
    • Fashion and Beauty
    • Health
  • Opinion
  • Love & Life
  • Sport
    • Football
    • Boxing
    • Tennis
  • Entertainment
  • Newsbreak TV

© 2014 Newsbreak - Designed by STAY MEDIA.

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms below to register

*By registering into our website, you agree to the Terms & Conditions and Privacy Policy.
All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.
WhatsApp Newsbreak