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From Juliana Taiwo-Obalonye, Abuja
The Federal Government asserted on Thursday that it is not in violation of the Supreme Court’s injunction prohibiting it from implementing the February 10 deadline for the continued use of the old N1000, N500, and N200 denominations.
The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, made this declaration while appearing as a guest on the weekly Ministerial Briefing, organised by the Presidential Communication Team at the Presidential Villa, Abuja.
Recall, the President had ordered the Central Bank of Nigeria (CBN) to reissue the old N200 denomination of the naira on February 16, 2023, in a nationwide broadcast, extending the notes’ usable life by another 60 days to April 10.
This was in defiance of the Supreme Court’s ruling that the old N1,000, N500, and N200 notes were still valid until the court rendered a decision in the lawsuit brought by some states against the central government.
The public, particularly legal experts, have since questioned the President’s broadcast and explicit exclusion of the N1000 and N500 notes in his directive. They have mainly accused the Buhari administration of violating the Supreme Court’s order.
However, in response to inquiries regarding claims that the President and his administration violated a Supreme Court ruling, Malami said that the administration was not in violation given that the case is still pending and that the government has options under the law.
“Your question can best be answered within the context of what constitutes a rule of law in the Nigerian situation. Where an order is made by a court, you have multiple options, but let me state before even addressing the issue of the options available at our disposal as a government.
“The fact, clearly, that we are not a breach of any order made by the court, inclusive of any order associated with the naira redesign. We are not in breach. I believe I’m not a banker, but you have not gone to establish which bank is it that you have gone to present a N1000 or N500 notes that have been rejected. So we are not in breach.
“But then, assuming we are in breach, the fact remains that this matter is sub-judice, as you rightly know. It’s being contested before the Supreme Court and when an order is made, you have multiple options within the context of the rule of law.
“One, you are entitled as a matter of right, if the facts and evidence support your position, to apply for setting it aside. The position of the law, and legal jurisprudence is clear, once you are attacking and you seeking a setting aside of an existing order of the court, cannot be said to be operating in breach when you presented your application for setting aside.
“If the court is not an apex court, you equally have a right of appeal and support the right of appeal with an application for a stay of execution order. So the bottom line of what I’m trying to state, if the matter is sub-judice and within the context of the rule of law, we are doing the needful as a government, in terms of ensuring that the right of the government, within the context of the naira redesign, is being protected. So we are not in breach”, he explained.
