Naira Crisis: States Plan Contempt Proceedings Against Attorney-General Malami, Central Bank Governor, Emefiele
Some States Governments are planning to initiate contempt proceedings against the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, and Governor of the Central Bank of Nigeria, Godwin Emefiele, over their refusal to implement the Supreme Court judgment on the naira redesign policy of the Nigerian government.
The Government was served with the enrolled order and Certified True Copy of last week’s Supreme Court judgment, which also ordered that the old N1,000, N500 and N200 should be in circulation alongside the new notes till December 31, 2023.
It gathered that the non-service of the enrolled order and the CTC of the judgment was responsible for the failure of the Nigerian government to direct Emefiele to roll out the old notes already withdrawn from circulation, PUNCH reports.
On Monday, some banks commenced paying customers the old notes in partial compliance with the Supreme Court judgment, but by Wednesday the banks stopped disbursing the old notes as the CBN insisted that it had not given any directive to that effect.
It was learnt that the enrolled order and the CTC of the judgment were served on the AGF on Friday afternoon.
Counsel for Kaduna, Kogi and Zamfara states, which dragged the government before the Supreme Court on the matter, Abdulhakeem Mustapha (SAN), said that Malami was served with the enrolled order and the CTC of the judgment on Friday afternoon, adding that he expected immediate compliance with the judgment as the non-service of the documents had given the government and the CBN an escape route.
Mustapha said, “The Attorney-General of the Federation has been served now and we will take it up from there; if there is no compliance now, we will commence committal proceedings against the attorney-general and the CBN governor. When the Supreme Court talks, the constitution makes it compulsory for all government representatives and everybody to comply with its order. It’s not discretional, you have to obey, it is the last and the final and that is why we have separation of power.
“The presence of separation of power is for checks and balances; when the Supreme Court talks, it must be complied with by all persons.”
“We are waiting for the enrolled order of the court. We are yet to procure it. As soon as we have it, we will take the next step. When the Supreme Court talks, all organs of government comply and if they don’t comply, the rules are clear. We are going to activate the necessary legal steps within the ambit of the law. But we need to get the enrolled order and serve the defendants. That’s where we are.
“Anytime from now, we will be able to get the enrolled order and the Certified True Copy of the judgement, then we will take it up from there. But I can assure you, our clients are monitoring the situation and we will take appropriate steps at the right time.”
Asked what the next step would be if there was still no compliance after serving the AGF the enrolled order and the CTC, Mustapha said, “Courts deal with live issues and not speculations. When we get to the bridge, we will cross it.”
State Governors, senior lawyers and other stakeholders had since the judgment was delivered been calling on Buhari to direct the CBN governor to direct commercial banks to start giving out the old notes alongside the new ones in order to ease the scarcity of the naira that has crippled the economy.
Governors Nasir El-Rufai of Kaduna State, Yahaya Bello of Kogi State, Bello Matawalle of Zamfara State and Rotimi Akeredolu of Ondo State, among others, had condemned the silence of the President and Emefiele on the judgment.
In the judgment delivered by Justice Agim, the seven-member panel of the apex court held that Buhari breached the constitution in the manner he issued directives for the redesigning of the naira.
On the disobedience of the Supreme Court’s earlier order on the new notes, Justice Agim said Buhari’s broadcast of February 16, 2023 that only the N200 note should remain legal tender made the country’s democracy look like a mere pretension.
SaharaReporters
