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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 10th 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 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, 2023.
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’s 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 has been rejected. So we are not 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, legal jurisprudence is clear, once you are attacking and you seeking for 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 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.
Malami added, “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.
He reiterated that the reason behind the recent naira redesign policy was to ensure that Nigerians effectively take ownership of their election processes by way of ensuring that no foreign funds are allowed to influence the people’s decision in terms of ownership and by way of limiting the contributions by Nigerians in political parties.
The AGF said that the policy was not to allow money to play a prominent role in affecting freedom of judgment of Nigerians, adding that the naira redesign has a lot of advantages associated with the fight against corruption in terms of design visibility and transparency.
“Advantages associated with sustenance and allowing the freedom of the people of Nigerians to prevail, freedom devoid of monetary inducement and intervention is equally part of it.
“But then on the issue relating to the open rebellion in view of the fact that the sizable portion of such considerations constitute the subject matter of litigation before the Supreme Court. But above all, as you rightly know, you equally raised the issue of treason or certain order associated with it. These issues are usually issues that are issues of forces.
“So you cannot rule out the possibility of investigation but the responsibility of investigation and doing the needful arising from the weight and assessment of the implications of the statements is the responsibility of the security agencies and I believe they are doing the needful in that effect to determine whether there is need for further action. Actions associated with investigations as to what other measures need to be taken in case it is their conclusion that there is the need for actions to be taken related to the utterances made. So that is the best I can say on that rebellion.”
He said the idea of prosecution is something that should be understood and that it is the vilification of corruption that has been now translated to have in front and at the disposal of government, adding, “and I thought it’s the benefit and visibility that can be used in the infrastructure and development of 200 million Nigerians. that matters to the demand of an individual that has perhaps illegitimately or unlawfully or fraudulently acquired N200 billion and he now sets aside N100 billion because he has greater voice speaking that we have to obey the rule of law.
“Then we now submit to the interest of an individual over and above the national interest that will support us in ensuring deepening democracy, in ensuring having in place a corrupt free society, in ensuring having in place resources that can now translate into infrastructure.
“So it is about a few, limited number for that matter that has succeeded in having at their disposal resources that they are protecting and then forcing a compromise on a policy that is beneficial to 200 million Nigerians. Our interest is not a fraction of the whole.”
