…Says Buhari’s February 16 Directive Autocratic
THE Supreme Court on Friday annulled the directive of President Muhammadu Buhari in his February16, 2023 broadcast rendering old 500- and 1000-naira notes as illegal tenders. The court instead ordered the federal government to allow the old naira notes to continue as legal tender until December 31, 2023.
A seven-member panel of the Supreme Court led by Justice John Okoro, in a unanimous judgement written and read by Justice Emmanuel Agim, directed that the CBN must continue to receive the old notes as legal tender.
The plaintiffs in the matter include the governments of Kaduna, Kogi, Zamfara (originators of the suit), Rivers, Kano, Niger, Jigawa, Nasarawa, Ondo, Ekiti, Katsina, Ogun, Cross River, Lagos, and Sokoto states (joinders on 15 February); while Edo and Bayelsa states joined the Attorney-General of the Federation (AGF) as defendants.
The states sought to restrain the federal government from giving effect to the deadline on the use of old N200, N500, and N1,000 notes.
The Supreme Court had on February 8, 2023 restrained the CBN from giving effect to the deadline following an ex parte application brought by the plaintiffs, who were initial three.
The Supreme Court panel held that the directive of President Muhammadu Buhari for the redesign of the new notes and withdrawal of the old notes without due consultation is invalid.
The panel equally condemned the President’s disobedience of the court’s February 8, 2023 order that the old N200, N500, and N1,000 notes should continue to circulate alongside the new ones.
According to Justice Agim, the president’s broadcast of February 16, 2023 that only N200 notes should remain legal tender was autocratic and rendered Nigeria’s democracy a mere pretence.
“It is not in doubt that the President refused to comply with the order of the court that the old 200-, 500-, and 1,000-naira notes should continue to be legal tender… Interestingly, there is even nothing to show that that the President’s directive for the release of N200 notes was implemented.
“I agree that the first defendant ought not to be heard when the president has refused to obey the authority of this court. Disobedience of order of court shows the country’ democracy a mere pretension and now replaced by autocracy. This suit is meritorious,” Justice Agim said.
The 16 states that became plaintiffs in the Naira redesign suit include: the original plaintiffs – Kaduna, Kogi, Zamfara – and the seven that were joined on 15 February – Cross River, Sokoto, Lagos, Ogun, Katsina, Ondo and Ekiti states.
The rest are the six others that were joined on Wednesday – Nasarawa, Niger, Kano, Jigawa, Rivers and Abia states.
Rivers and Abia states had filed separate suits that were consolidated with the main one.
Before then, two states – Edo and Bayelsa – joined the side of the federal government to oppose the suit.
