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Nigeria: Live Update – Supreme Court Hears Naira Redesign Suit

It is the Supreme Court’s first sitting since President Muhammadu Buhari violated the court’s 8 February order directing that the 10 February deadline set for the ending of the validity of old banknotes be suspended.

The Supreme Court resumed sitting on the naira redesign suit on Wednesday.

It is the court’s first sitting since President Muhammadu Buhari violated the court’s 8 February order for continued use of the old N200, N500, and N1,000 banknotes.

A seven-member panel of the court had ordered that the 10 February deadline set for the ending of the validity of the old banknotes be suspended.

The court also ordered that the old N200, N500, and N1000 banknotes should circulate alongside their newly redesigned versions pending further hearing in the case.

But in direct affront to the Supreme Court, Mr Buhari, on 16 February directed in a national broadcast that only the old N200 notes would remain valid, while the old N500 and N1,000 currency notes had ceased to be legal tender.

PREMIUM TIMES reported that three states – Kaduna, Kogi, and Zamfara – that initiated the legal action against the federal government over the controversial policy have commenced contempt proceedings to redress Mr Buhari’s violation of the court’s order.

Given the immunity Mr Buhari enjoys as sitting President, he cannot be sued for contempt.

The plaintiffs have, therefore, chosen to target the Attorney-General of the Federation, Abubakar Malami, who is sued in the suit as the federal government’s representative, and the Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, who enforces the policy.

The issue of Mr Buhari’s violation of the court order is expected to feature during Wednesday’s proceedings.

At the last sitting on 15 February, two states – Edo and Bayelsa – joined the side of the federal government in the suit, while seven others joined the side of the original three plaintiffs.

The newly-joined co-plaintiffs are Cross River (South-south), Sokoto (North-west), Lagos (South-west), Ogun (South-west), Katsina (North-west), Ondo (South-west) and Ekiti (South-west) states.

This makes the total number of co-plaintiffs 10. The predominantly APC side has Sokoto as the only PDP state.

The court, after joining the states to be parties to the suit, had adjourned until Wednesday for further hearing.

PREMIUM TIMES will be reporting live as events unfold at the Supreme Court today (Wednesday).

Supreme Court panel members:

1. John Okoro

2. Amina Augie

3. Mohammed Garba

4. Ibrahim Saulawa

5. Adam Jauro

6. Tijanni Abubakar

7. Emmanuel Agim

The separate suits field by the Rivers and Abia states to challenge the naira redesign policy also came up on Wednesday.

At the commencement of hearing, the Rivers State’s lawyer, Emmanuel Okala, a Senior Advocate of Nigeria (SAN), moved an application for the consolidation of his client’s suit with that of the main suit which already has 12 states as parties.

Similarly, Udochi Iheanacho, who appeared for Abia State Attorney-General, applied to have his client’s suit consolidated with the main one.

Both applications were granted.

Appearances

Abdulhakeem Mustapha (SAN) – Plaintiffs

Acting Director, Civil Appeals, Tijanni Gazali (SAN), for the AGF.

Gazali:

We have no objection to the application but we are filing our preliminary objection

Section 20 (3) of the CBN Act.

Court:

This suit is hereby consolidated for hearing.

Main suit

Ten States as plaintiffs in the suit.

Moyosore Onigbanjo (SAN), Lagos AG:

We have an application filed on 20 February.

The application seeks to prohibit the defendant (AGF) from continue to defendant this matter while being in contempt of the Supreme Court order.

John Okoro (Presiding Justice):

Reacting to Mr Onigbanjo’s application, Johh Okoro said, people are looking for a scapegoat, so that they can blame the judiciary. But we will hear this matter today by all means. No matter the obstacles (in terms of multiplicity of applications).

We don’t want to keep this case any longer,” Mr Okoro told the various lawyers in the suit.

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