Lawyers Say Buhari’s Disregard Of Supreme Court  On Naira Redesign Is Worrying

Senior lawyers who spoke to THE WHISTLER have called on President Muhammadu Buhari to backtrack from his recent directive to the Central Bank of Nigeria that the old 200 naira banknotes be released back into circulation and to circulate as legal tender with the new N200, N500, and N1000 banknotes for 60 days, and comply with the order of the Supreme Court.

The president on Thursday gave the directive after the Supreme Court had granted “an interim Injunction restraining the federal government through the Central Bank of Nigeria (CBN) or the commercial banks from suspending or determining or ending on February 10, 2023, the time frame with which the now older version of the 200, 500 and 1,000 denomination of the naira may no longer be legal tender pending the hearing and determination of their motion on notice for an interlocutory injunction”.

Prior to the apex court ruling, the Kogi, Kaduna and Zamfara state governments, through their counsel, Abdulakim Mustapha SAN,  had argued that the shortage of new naira notes was counterproductive to the nation and was causing crisis in their respective states.

But the AGF’s preliminary objection before the Supreme Court urged the panel of justices to decline jurisdiction on the matter because the court of first instance on such a case was the Federal High Court.

While the case is yet to be determined by the apex court, President Buhari, pleading for the understanding of Nigerians on the beneficial aims of the policy( fighting corruption, minimizing vote buying, etc), directed that only the 200 naira notes should return to the system alongside the redesigned ones.

But the Kaduna and Jigawa state governments in defiance of Buhari’s directive, ordered residents to keep using the old notes.

The pending case at the apex court which is slated for hearing on February 22 is now between the Attorneys General of Kogi, Kaduna, Zamfara, Katsina, Cross River, Lagos, Ondo, Ogun, Ekiti and Sokoto States and the Office of the Attorney-General of the federation alongside the AGs of Edo and Bayelsa states.

Reacting to the development, Barrister Frank Tietie told THE WHISTLER that it is quite unfortunate that the president did not give full effect to the ruling of the Supreme Court with regard to the continued use of the old naira notes as the legal tender in Nigeria.

According to the lawyer, the failure of the president to show example in compliance with the rule of law is going to create a lot of confusion in the country, which he believes is needless in a democracy.

Tietie said that the protesting governors were on the side of the law.

“So, the position being held by governors, particularly by Nasir Elrufai who came out in a statement that the citizens and residents of states like Kaduna and Jigawa, will continue to use the old naira notes, it’s not only according to the provisions of the CBN Act particularly Section 20(3), it is also in compliance with the ruling of the Supreme Court.

“So, on the side of law and the legal procedure, the statement by Governor Elrufai is very much in order, the problem actually, is the president.

“The president did not need to come out and make any statement, the fact that he acknowledged that there is hardship, is also not enough, what was needed from him was a simple directive to the appropriate authorities starting from the Attorney-General of the Federation and the Central Bank of Nigeria to immediately comply with the ruling of the Supreme Court,” Tietie stated.

He maintained that the president is allegedly acting in deviance from the constitution of the Federal Republic of Nigeria including his own oath of office by which he undertook to uphold the tenets and provisions of the constitution.

He advised Buhari to note that court orders, necessarily, do not favor anybody, they simply indicate the rule of law, the position of the law.

“He is setting a bad example, it is hoped that he immediately corrects this wrong notion that his administration has known more for disregarding court orders.

“Whatever the court pronounces, particularly under the provisions of section 6 of the constitution, which makes the Supreme Court the highest and final court in Nigeria.

“The situation is very sad. All those who are working for the promotion of democracy should be very worried that the president can brazenly in a matter that is as sensitive as this, to decide to disregard the order of the court,” he added.

For human rights activist, Marshall Abubakar Esq, he told THE WHISTLER that the state governors that have rejected Buhari’s directive to CBN must be commended for siding with the rule of law and constitutionalism.

He warned that the federal government should understand the inherent danger of violating a Supreme Court order and rule of law.

He said the supreme court’s ruling on February 8, 2023 which suspended the CBN’S February 10 deadline to stop the use of old currency notes, still subsists, the case having not been heard and determined.

“The apex court had in a ruling in an exparte application filed by the three initial co-plaintiffs’ states of [Zamfara, Kogi and kaduna restrained the Federal Government through its agents or CBN from banning the oLd notes pending the hearing and determination of the motion on notice fixed for February 15, 2023.

“Nigerians were thus taken aback when on February 16 2023, the President and commander in Chief, General Muhammadu Buhari in a nationwide broadcast  categorically disregarded and treated with pitiable disdain the orders of the highest in the land.

“Sections, 5 and 6 of the of the 1999 Constitution lucidly demarcates the powers of the Federation between the Executive, Legislature and Judicature. Section 6 [6] [b] thereof lucidly vests in the judiciary the power to adjudicate and decide on all disputes between persons, individuals and arms of governments in the court,” he stated.

He added that since the Constitution is supreme, it provisions cannot be violated unless such provisions are amended.

“In my honest view, the confrontational broadcast by the President on the fate of the old 1000 and 500 naira notes is treason and must be so seen and treated.

“It is an affront to the Constitution from which the president derives his powers and authorities, it is an affront to Constitutional Democracy, it is affront to the rule of law and we call on the national Assembly to commence impeachment proceedings against him forthwith.

“The Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN is hereby advised to counsel his principal forthwith on the dangers inherent in his treasonous broadcast which clearly challenges the Constitution otherwise the government would be regarded by Nigerians as having lost its legitimacy and the authority to superintend the affairs of the nation pursuant to the Constitution. In the interim, the Apex Court now has a duty to safe itself on the 22nd February, 2023,” Abubakar stated.

On his part, Ebun-Olu Adegboruwa SAN told THE WHISTLER  that as far as the law was concerned, Buhari is the one defaulting.

He said the governors who directed the usage of the old notes have not flouted the orders of the Supreme Court.

“There is no implication; the old naira notes continue to remain legal tender.

“They(governors) are obeying the orders of the Supreme court,” Adegoruwa said.

Furthermore, Chief Mike Ozekhome SAN, in a statement made available to THE WHISTLER on Friday, said the president has overruled the Supreme Court by his recent directive to the CBN.

He stated that it amounts to a military Decree, for the president to direct that “in line with section 20 (3) of the CBN Act, 2007, all existing old N1000 and N500 notes remain redeemable at the CBN and designated prints”.

“This order is a clear violation of and disobedience to the existing order of the apex court which had already maintained the status quo ante bellum of all parties involved in the Naira re-design dispute.

“The Supreme Court had on Wednesday, 15th February, 2023, after the first interim order, adjourned the suit originally filed by the Attorneys-General of Kano, Kogi and Zamfara States (other interested parties were later joined) to the 22nd of February, to enable it hear the entire matter holistically.

“Without saying so in many words, every person very well knew that this adjournment was a further elongation of its earlier interim order granted against the CBN and the Federal Government, represented by the Attorney-General of the Federation; restraining it from carrying out its directives that the old naira notes would cease to be legal tender by 10th of February, 2023,” Ozekhome stated.

He warned that the CBN naira swap policy, though beautiful, could lead to chaos due to poor implementation and the recent directive by the president.

“Buhari’s imperious order was a frontal call to chaos, anarchy and national upheaval.

“It was a direct assault on the authority of the Supreme Court, the highest court of the land; and also the head of the entire Judiciary, the 3rd arm of government under the doctrine of separation of powers, most ably popularized in 1748 by Baron de Montesque, a great French Philosopher.

“To have whimsically and capriciously varied the order of the Supreme Court was to pick and choose what order to obey or disobey.

“This breaches the supremacy of the 1999 Constitution provided for in section 1(1) thereof. It also frontally assaults the provisions of section 287(1) of the Constitution which provides that “the decisions of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Supreme Court”.

“Are we a cursed Nation, that an otherwise beautiful policy whose fiscal, monetary, economic, and development advantages are unquantifiable should be so mishandled and so grossly messed up as to lead to widespread national protests; burning of banks; destruction; mayhem and killings. Just what is wrong with us as a Nation? I do not know; or do you?,” Ozekhome asked.