Today, the Joint Plaintiffs in the Judicial Battle over the legality of the Executive Order 6 (Barr. Ikenga Imo Ugochinyere the National Chairman of Action People’s Party – APP and Barr. Kenneth Udeze the National Chairman of Action Alliance – AA) filed their notice of Appeal against the judgment of the Federal High Court where they are urging the Appeal Court to set aside the Judgment delivered by Justice Ijeoma Ojukwu on 11th October, 2018 in Suite NO. FHC/ABJ/CS/470/2018, which was in violation of the provisions of the 1999 constitution, especially the fundamental rights of citizens and right to fair hearing.
Also, filed today by the Plaintiffs is a Motion of Injunction pending Appeal where the Plaintiffs are seeking for an order of the court restraining the President and His Attorney general or any of their Agents from enforcing, executing or any other manner whatsoever giving effect to the Presidential Executive Order No 6, pending the determination of the Appeal now filed by the Plaintiff against the Judgment.
The Plaintiffs in the Appeal holds that the decision of the Federal High Court is a clear violation and encroachment upon the rights of the Citizens and provision of the 1999 Constitution and that Citizens are entitled to be accorded fair hearing before they can be made to suffer any legal disability as a result of any allegation or charge filed against him. That the Court misinterpreted section 5 of the 1999 Constitution upon which the President derived the power to make Executive Order 6, which is only for the execution and maintenance of the Constitution and all laws made by the National Assembly and not to turn the executive into a lawmaking organ. And also that the trial Judge erred in law when she unilaterally varied and modified the express terms of Executive Order 6 by issuing Judicial caution, that the powers of the Attorney General must be exercised in accordance with the provisions of the Constitution, instead of nullifying the Executive Order 6.
