Buhari’s executive order is repressive, illegal, says SERAP

The Socio-Economic Rights and Accountability Project (SERAP) has criticised President Muhammadu Buhari executive order banning 50 prominent Nigerians suspected of corruption from travelling abroad.

The group described the order as arbitrary, repressive and illegal, adding the federal government is playing “right into the hands of high-profile corrupt officials” by imposing a travel ban on anyone without following due process of law.

According to SERAP, the ban is a “breach of constitutional rights and the country’s international obligations, which protect the rights to freedom of movement, to leave one’s country, to privacy, and to due process of law”.

The group said Nigeria is party to the International Covenant on Civil and Political Rights, which in article 12 guarantees the right of everyone to leave any country, including their own.

“The government cannot impose restrictions on this right unless any such restrictions are provided by law, are necessary to protect public order, or the rights of others. The travel restrictions on the alleged 50 corrupt Nigerians clearly do not meet these conditions,” Timothy Adewale, SERAP deputy director, said in a statement.

“The travel ban will also strain the government’s relationships with partner countries, on whom it will inevitably rely for vital asset recovery cooperation, undermining the effort to bring them closer. By alienating these partners, the government could lose access to important information and mutual legal assistance necessary to effectively recover stolen assets and bring corrupt officials to justice.

“Judicial affirmation of the legality of the Executive Order 6 doesn’t grant the government arbitrary powers to impose travel ban on anyone without following due process of law. Rather than imposing a travel ban, the authorities should take advantage of the provisions of the UN Convention against Corruption to seek mutual legal assistance with countries where investigations and litigation are ongoing by requesting them to apply preventive measures regarding assets covered by the travel ban.

The group advises the government to instead publish the names of the 50 Nigerians suspected to be involved, and submit those names to the countries/embassies of countries where the stolen assets are stashed.

“If the objective the government seeks to achieve is to ensure stolen assets are not dissipated or that politically exposed persons do not interfere with ongoing investigation and prosecution of corruption cases, the appropriate legal response is for the authorities to pursue orders of temporary forfeiture and mutual legal assistance, and not a travel ban that would achieve nothing but violate citizens’ human rights.

The authorities should issue a risk alert on alleged corrupt assets that are likely to be dissipated or tampered with by the high-profile Nigerians, seeking the cooperation of countries keeping the assets, and reminding them of their international obligations to prevent these Nigerians from tampering with stolen assets that are subject of ongoing investigations and litigation.