In the suit which has President Muhammadu Buhari and the AGF as defendants, the plaintiffs contended that by the provisions of sections 5, 36 and 43 of the Constitution, the President lacked the power to issue the Executive Order.
They argued that by issuing the Executive Order, the President allegedly encroached on the constitutionally guaranteed right of citizens to own properties, a right to which persons, who are standing trial or being investigated, but yet to be convicted, are also entitled.
The plaintiffs added that by virtue of the provisions of sections 5, 36 and 43 of the Constitution, the President lacked the power to issue such an order “on matters not connected with the ‘execution and maintenance of the Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time, being power to make laws.”
They urged the court to restrain both defendants from enforcing it and prayed for a declaration that “the act or conduct of the president in issuing the order interfere with, or encroach into the ownership, or otherwise of the assets or properties of any person without such person being found guilty by a court of competent jurisdiction, is unconstitutional, null and void.
The plaintiffs equally want a declaration “that the president cannot validly exercise his constitutional powers by deliberately undermining, limiting and/or inhibiting the entrenched constitutional rights of any citizen of Nigeria to fair hearing vide the issuance of the Order.”