<strong>Ban on old notes: 10 states move against Buhari</strong>

…Ask Supreme Court to set aside president’s pronouncement

From Godwin Tsa, Abuja

Ten states of the federation have asked the Supreme Court to set aside the pronouncement of the President Muhammadu Buhari banning old N500 and N1,000 notes.

In Suit No SC/CV/162/2023, filed on Friday by their counsel, A.J. Owonikoko (SAN), the governors urged the apex court to declare the president’s directives in his Thursday’s broadcast as unconstitutional.

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.

The plaintiffs in a 12-ground application argued that Buhari’s directive extending the validity of old N200 notes for 60 days and his ban of old N500 and N1,000 notes are “unconstitutional overreach and usurpation of the judicial power” of the Supreme Court as the case is already before the apex court.

The counsel for the applicants cited Section 232(1), Section 6(6)(b) and Section 287(1) of the 1999 Constitution as amended, which include the protection of the Supreme Court’s dignity, which ensures compliance with its orders by all persons and authorities.

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 an initial suit filed by the 10 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 Buhari in a national broadcast on Thursday directed the apex bank to release old N200 notes into circulation to co-exist with the new N200, N500 and N1,000 banknotes for 60 days – April 10, 2023. He also said that the old N500 and N1,000 banknotes had ceased to be legal tender in Nigeria.

However, there have been a flurry of reactions and criticisms against the president’s directive, including those 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 Supreme 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.