Governors give Malami, Emefiele Tuesday ultimatum to obey Supreme Court

State governments, which sued the Federal Government on the naira redesign policy, have given the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, and the Central Bank of Nigeria Governor, Godwin Emefiele, till Tuesday to comply with the order of the Supreme Court on the currency.

The state governments threatened to file contempt charges against the two top officials on Tuesday should they fail to obey the apex court which ordered that the old N1,000, N500 and N200 should be in circulation alongside the new notes till December 31, 2023.

The AGF and the CBN have kept mum over the verdic, over one week after the court handed down the order. Their silence has emboldened Nigerians and businesses to reject the old notes as legal tender.

It was reported on Friday that the Federal Government had been served with the enrolled order and Certified True Copy of the Supreme Court judgment ordering the use of old notes as legal tender for 10 months.
The counsel for Kaduna, Kogi and Zamfara states, which dragged the Federal Government before the Supreme Court on the matter, Abdulhakeem Mustapha (SAN), disclosed 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.

According to Mustapha, “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.”

But giving an update on the move to enforce compliance with the order of the apex court on Sunday, the Zamfara State Attorney General and Commissioner for Justice, Junaidu Aminu, revealed that since the Federal Government had refused to implement the judgment, the plaintiffs in the suit would approach the court again to ensure compliance with the court’s order.
States await FG

Aminu stated that the states would file contempt charges against the Federal Government on Tuesday.

He said, “We have just served the Attorney General of the Federation with the Certified True Copy of the Enrolled Order of the Supreme Court last Friday. We are waiting for them to respect the court’s decision on the naira notes and comply with the decision. If they fail to comply on Monday, we are filing our case on Tuesday.’’

The AG insisted that Emefiele must address Nigerians on the naira notes issued on or before Monday (today), noting that “that is what Nigerians are waiting for.”

“If he fails to do so, we will go back to court again to sue him and the Federal Government on contempt charges,’’ he warned.

The Zamfara State justice commissioner explained that it was the duty of the AGF to direct the CBN governor to implement the court’s verdict on the naira notes.

Aminu further said, “The Attorney-General of the Federation, Abubakar Malami, is the one who should direct the CBN to comply with the Supreme Court’s verdict and allow the old naira notes to remain legal tender until December 31.”
Explaining why the CBN governor was not a party in the matter, he stated, “The matter is between some states and the Federal Government. The CBN governor is an ordinary civil servant who receives directives from the Federal Government.”

Speaking on Sunday, Ekiti State Attorney General and Commissioner for Justice, Dayo Apata, SAN, said the state would align with other states on whatever legal steps would make the Federal Government comply with the Supreme Court judgment on the naira redesign and cash swap policy.

Apata said, “Definitely, we are all in the same boat and what is important to us is to ensure compliance with the court order. So, whatever we will do legally that will make the parties comply, we will align with it.

“Whatever that is going to be legally possible for us to achieve the aims and objectives of our going to court, we will align with other states.’’

Cross Rivers back others

In the same vein, the Cross River State Attorney General and Commissioner for Justice, Tanko Ashang, said the state would join other states to sue the FG.

“Yes. You are aware we were part of the parties that took the Federal Government to Court. The state parties are together,” he said.

Also, the Kogi State Government affirmed that machinery had been set in motion to compel the CBN to comply with the judicial directive.

The state Commissioner for information, Kingsley Fanwo, in a telephone chat with our correspondent explained that the plaintiffs in the suit including Kogi State had already commenced work on enforcing the judgment.

Commenting on the continued silence of the Federal Government on the order, the Rivers State Government said it was disturbing.

The state Commissioner for Information and Communications, Chris Finebone, who said this in an interview, noted that it was important the FG made pronouncements on the Supreme Court order rather than keeping mum in the face of the suffering being experienced by the citizens.

“The way to go is clear. The Supreme Court has ruled that the old notes should remain valid as legal tender.

“So, I think what the Federal Government should have done is to come out to say yes, we have heard from the Supreme Court and we will give it everything to support the use of those old currencies until such a time as specified by the court judgment.”

On his part, the Ondo State Attorney General and Commissioner for Justice, Mr Charles Titiloye, said that together with other states, Ondo State would take steps to ensure compliance.
He, however, declared that the state would not hesitate to deal with people rejecting the old naira notes.

Currently, Titiloye disclosed that the government had been appealing and sensitising the people to the order of the Supreme Court on the matter.

He said, “We have taken a lot of steps: Last week, we visited banks informing them that no bank should reject the old notes. They must collect and they must disburse and we discovered that almost all of them complied.”

The AGF could not be reached for comment on his alleged refusal to obey the court order. Several calls to him and his media aide, Umar Gwandu, rang out.

Also, the CBN spokesman, Abdul Isa, was unreachable as calls to his line on Sunday indicated that it was switched off.
He had yet to respond to a text message on the failure of the apex bank to comply with the Supreme Court order as of the time of filing this report.

Meanwhile, human rights activist, Femi Falana, SAN, has disclosed his intention to sue the CBN over its failure to disclose the number of new notes issued to commercial banks.

Idealgist reports that the senior lawyer had in line with the Freedom of Information Act written to the apex bank asking for the amount of new naira notes issued to commercial banks.

A letter from Falana Chambers signed by Femi Adedeji dated February 16, 2023, demanded that the CBN should provide details of how the new notes were disbursed to commercial banks.

Before this, the CBN had maintained that it printed sufficient new N200, N500 and N1,000 notes to go around, blaming politicians for hoarding the new notes.

In a Freedom of Information Act letter sent to the bank, Falana said, “Our attention has been drawn to your statement wherein you claimed that some unnamed politicians have mopped up the new naira notes made available to all commercial banks by the Central Bank of Nigeria.

“We are compelled to request you to furnish us with information concerning the amount of the redesigned notes of N200, N500 and N1,000 denominations made available to each commercial bank by the Central Bank of Nigeria.

“Furthermore, we also request you to furnish us with the list of customers of the commercial banks who collected more than N100,000 approved by you from the commercial banks”.

However, speaking with one of our correspondents on Sunday, Falana noted that despite the FOI Act, which mandates the bank to provide the details within seven days, the apex bank had yet to furnish him with the requested information.
He said, “We reached out to them and we were told that they are still working on it. But I can assure you that they don’t have any information to give us. If they truly have any information, they would have written a reply.

“They had seven days in line with the FOI act. We will be suing them if they fail to furnish us with the necessary information. The court will have to compel them to do so.

“People are suffering because of this naira policy. It is highly unfortunate and the truth is that the printing and minting company cannot print enough new naira notes that will be compared to the number of old naira notes that the CBN took away from circulation. That is the truth. They do not have that capacity. So why should they let people continue to suffer?”

Adeleke warns banks

In a related development, Osun State Governor, Senator Ademola Adeleke, has warned banks in the state against rejecting the notes as deposits and asked the CBN Osogbo Office to intervene.

Adeleke, who spoke through his spokesperson, Olawale Rasheed, in an interview with Idealgist said the rejection of the old notes by banks was already creating tension in the stat