The Supreme Court of Nigeria has reaffirmed its February 8 order barring the Federal Government and its agencies from enforcing the February 10 deadline on the use of old 200, 500 and 1000 naira notes as legal tender.
This is coming as the Human Rights lawyer and Activist, Mr Femi Falana, (SAN), has condemned the Central Bank of Nigeria (CBN) for flouting the Supreme Court’s order suspending the February 10 deadline on circulation of old notes, just as he insisted that a scape goat must be made by punishing officials involved in violating the order of court.
The court made the clarification at the resume hearing of the case filed by Abdulhakeem Mustapha (SAN) lawyer to Kaduna, Kogi and Zamfara states, that the Fed Govt and its agencies have failed to comply with the order and have allegedly directed the rejection of the old notes.
Mustapha said his clients have filed a notice of none-compliance with the order of the court order made on February 8., while calling on the court to take action against the respondents to protect the dignity of the court.
He added: “That order has been flouted by the government. We are talking of executive lawlessness here. We have filed an affidavit to that effect…We want the court to renew the order for parties to be properly guided.”
Justice John Okoro, who presided over a seven-member panel of the court, asked Mustapha to filed a proper application to put forward his complaints and to enable the respondent respond appropriately.
Justice Okoro said there was no need for a renewal of the court’s order.
Meanwhile, speaking in line with the directives of the apex court justices, Femi Falana said: “In a country where the rule of law operates, once the Supreme Court has determined a matter or given an order, it is expected that all and sundry, everybody, will comply with the order,”
According to him, the CBN Governor’s statement that the bank would not comply with the order of the apex court because the apex financial institution was not a party to the case only obtained in a “Banana Republic”.
“A statement was credited to the Central Bank that since it was not a party to the case, it’s not going to comply with the order. I thought that could only happen in a Banana Republic. I expected the Central Bank to have issued a statement following the order of the Supreme Court that: ‘All actions are stalled until the 15th of February’,” he said.
Falana wants anyone flouting court orders to suffer sanctions.
“For me, an example has to be made this time around, so that nobody will feel that he is above the law in our country,” Falana submitted.
He noted that, since the order made by the court on February 8 was made pending the determination of the motion for injunctions filed by the plaintiff, the order still subsists since the motion was not yet heard.
The court had, in the February 8 ruling, said: “after a careful consideration of this ex-parte application, and the grounds in support of same, this court finds that there is real urgency for this court to intervene by the grant of this application.
“Accordingly, this application is hereby granted as prayed.
“That is to say, an order of interim injunction restraining the Federal Government of Nigeria, either by itself or acting through the Central Bank of Nigeria (CBN) and/or the commercial banks, its agents; agencies, corporations, ministries, parastatals, organizations or through any person or persons (natural and artificial) howsoever, from suspending or determining or ending on the 10th of February 2023 the timeframe within which the now older versions of the 200, 500 and 1000 denominations of the naira may no longer be legal tender, pending the hearing and determination of the plaintiffs/applicants’ motion on notice for interlocutory injunction.”
During the Wednesday’s proceedings, the Supreme Court fixed February 22 for hearing of the suit filed Kaduna, Kogi and Zamfara states challenging the propriety the naira swap policy of the Federal Government.
The court chose the date after joining the Attorneys General of Katsina Lagos, CR, Ondo, Ogun, Ekiti and Sokoto states as co-plaintiffs in the earlier suit filed by Kaduna, Kogi and Zamfara states.
The court also joined the Attorneys General of Edo and Bayelsa states as co-respondents. Both states elected to side with the Attorney General of the Federation (AGF) originally listed as the sole respondent.
The court ordered that the suits filed by separately by Nasarawa, Rivers and Kano states on the same issue be consolidated with the one filed by Kaduna, Kogi and Zamfara states.
The court ordered parties to file all necessary documents before the hearing set for next Wednesday.
Justice Okoro, before adjourning, told lawyer to the AGF, Kanu Agabi (SAN) to advise his client to ensure the availability of currency for the people.
“Tell your client to let people have money. If they go to the ATM and the plaintiffs will come and withdraw the case. Make money available to the poor masses.
“You should know that a hungry man is an angry man. I say no more,” he said.
Responding, Agabi said Nigerians were only blaming the government for their poverty.
“Many people don’t have money. They blame it on the Fed Govt and the AGF. I don’t have money too.
“Things have been bad for long. It is not today that the problems started,” Agabi said.
Governors Nasir El-Rufai and Yahaya Bello of Kaduna and Kogi states were in court to witness proceedings.
Speaking after the court proceedings, Bello said the states were not at war with the Fed Govt over its cashless policy, but are only concerned about its negative impact on the citizens, who are now denied access to their funds.
The Supreme Court had February 8, granted an interim injunction sought by three states to stop the CBN and the Federal Government from implementing the February 10 deadline for some old naira notes to become legal tender.
However, CBN Governor, Mr. Godwin Emefiele, on Tuesday, said the bank had no need to shift the February 10 deadline on old notes.
