The Supreme Court on Wednesday adjourned a case instituted by
the state governments against the Federal Government challenging the
implementation of the naira redesign.
The apex court adjourned the case to March 3 for judgement.
Earlier, the apex court consolidated the suits instituted by over 12 state governments.
At the last hearing on February 15, seven states joined the three
initial states as co-plaintiffs, while Edo and Bayelsa states joined the
Federal Government as co-defendants. The court, however, refused to
join Abia State in the suit on the ground that it came late with its
originating summons.
All efforts by Abia State Government to be joined in the suit, was
turned down and was ordered to present its case at a later date.
A motion for the consolidation was also argued by the Counsel for Rivers State, Emmanuel Ukala.
Moving the motion on notice, Ukala premised the consolidation request
on the need for the suit to be heard without any hinderance since the
matter bothers on same issue.
The head of the 7-man panel, Justice John Okoro, granted the request and ordered consolidation of the ten suits into one.
Now, the plaintiffs in the suit are the Attorneys General (AGs) of
Kaduna, Kogi, Zamfara, Ondo, Ekiti, Katsina, Ogun, Cross River, Sokoto,
and Lagos states while the defendants are the Attorney General of the
Federation, Abubakar Malami (SAN), as well as the AGs of Bayelsa and Edo
states.
Commencing arguments, counsel for the Federal Government, Kanu Agabi,
said the Supreme Court held that all reliefs are rooted in section 20
of the CBN Act, therefore, the apex court has no jurisdiction to hear
the suit as the action cannot commence with an Originating Summons.
He wondered why the plaintiffs did not bring the CBN governor to
court as a respondent, after making reference to him 32 times in their
Originating Summons.
He said the reliefs are against the CBN, yet they didn’t deem it fit
to bring the CBN into the matter. He added that Nigerians had already
began rejecting the old notes way before the President’s directive. He
insisted that the President is not in violation of the Supreme Court
order as under the constitution, the President is empowered to veto any
legislation.
Counsels for Edo and Bayelsa States, also agree that the suit be dismissed for lack of jurisdiction.
The counsel for Rivers urged the court to grant all the reliefs sought therein
Counsel to the AGF, also urges the court to dismiss the suit entirely.
Also, the Attorney General of Kano State, who is a co-plaintiff,
argued that President Muhammadu Buhari sidelined members of the National
Economic Council and only relied on the advice of the CBN governor in
the implementation of the monetisation policy.
He added that the President decided to exercise his powers without consulting with the state governments as required by the law.
He further said that they have security report that there will be
breach of law and order if nothing is done to address the issue of cash
scarcity. He added that the Kano State Governor, Abdullahi Ganduje is a
member of the council and he told him that the issue was never discussed
at the NEC meeting.
Rather, the President relied only on one member of the council, and
the CBN governor ignored the finance minister and the vice president who
is the chairman of the council.
The Justice pointed out that the President can direct that the old
200 naira notes be brought back as a legal tender, then he is under the
jurisdiction of the Supreme Court.
Also, the Attorney General of Jigawa stated that Section 148 of the
constitution, compelled the President to seek the advice of the Jigawa
State governor as a federating unit but the President did not do so in
the Federal Government implementation of the redesign policy.
Back Story
The Central Bank of Nigeria (CBN) had extended the deadline for the
swap of old N200, N500, and N1,000 from January 31 to February 10
following complaints by many Nigerians but the Supreme Court, after a
suit filed by the states, held that the Federal Government, the CBN,
commercial banks must not continue with the February 10 deadline pending
the determination of a notice in respect of the issue on February 22.
However, President Muhammadu Buhari, in a national broadcast last
Thursday, directed the apex bank to release old N200 notes into
circulation to co-exist with new N200, N500 and N1,000 banknotes for 60
days — by April 10, 2023. He also said old N500 and N1,000 banknotes
cease to be legal tender in Nigeria.
There has been a flurry of reactions and stark criticisms against the
President’s directive including from governors of his party, the All
Progressives Congress (APC).
Governors Nasir El-Rufai (Kaduna), Abubakar Badaru (Jigawa), Rotimi
Akeredolu (Ondo), Umar Ganduje (Kano); Speaker of the House of
Representatives, Femi Gbajabiamila; Minister of State for Labour and
Employment, Festus Keyamo; and many stalwarts of the ruling APC have
openly censured and faulted the President’s directive, arguing that it
has not grounds because the case is before the apex court.
Leading Senior Advocates of Nigeria like Femi Falana and Mike
Ozekhome have equally faulted the President’s move, saying he cannot
overrule the apex court of the land.
Also, three State Governors- Kaduna, Zamfara and Kogi have filed another
suit against Malami, and the CBN Governor, Godwin Emefiele over
contempt of court and their alleged failure to comply with the Supreme
Court order on the old naira notes.