The Supreme Court has said it doesn’t want to be used as a scapegoat on the old Naira notes case brought before it by Kaduna, Kogi, Zamfara, and seven other state governments.
During the hearing on the morning of Wednesday, February 22, 2023, the Supreme Court stated this in response to a plea from the Attorney General of Lagos State, Moyosore Onigbanjo, against the Attorney General of the Federation, Abubakar Malami.
Onigbanjo accused Malami of acting in contempt of initial court orders, while asking Justice John Okoro to prohibit the Attorney General of the Federation from representing the Federal Government that has been sued by 10 state governments over the deadline to phase out the old Naira notes.
“You are not a stranger to this country,” Justice Okoro said, adding; “We don’t want a situation where the judiciary will be a scapegoat. We refuse to be the scapegoat.
“We are hearing this matter today. We don’t intend to keep this matter longer… whether they obey it or not.”
Meanwhile, during the ongoing hearing, the Supreme Court rejected the request from the Abia State government to join in the suit.
The apex court said it is too late. However, it went ahead to merge the applications of Edo, Bayelsa, Rivers and four other states with that of Kaduna, Kogi and Zamfara which initiated the first lawsuit against the Federal Government.
Two weeks ago, only the three northern states filed a lawsuit against the FG, praying that the court set aside the February 10, 2023 deadline to phase out the old N200, N500 and N1,000 notes.
However, in the last 14 days, seven states have joined them to legally force the Federal Government to stop the Central Bank of Nigeria (CBN) from implementing the deadline.
Although the CBN has gone ahead to implement the deadline, the Supreme Court, two weeks ago and last week, ordered that the old Naira notes remain legal tender until its final judgement on Wednesday, February 22, 2023.
Justice Inyang Okoro in his submission said; “We have outgrown this Constitution. Those who have the power to do something should do so. The Supreme Court has been reduced to a Customary Court. Tenant slaps landlord, case must end here. We have not finished this case.
“Yet, I still have pre election matters to hear today and tomorrow and see if we can give decisions by Friday so people can go for election. Should we be subjected to this excruciating process? So please, those of you who have the opportunity when you are looking at the Constitution, these are the areas you look at. This court is overburdened.”
Kanu Agabi (SAN), counsel for the AGF said, “I am for the AGF of the Federation. And I can read the minds of all my colleagues on the other side saying ..Satan himself has finally appeared.
“In all these processes, none of them has mentioned the common citizens. No one is complaining. They have not produced one single citizen who is complaining.”
Onigbanjo SAN said “Our reliefs are peculiar. We are saying this policy has impacted on the operations of Lagos State. There is no response from defendants to our case. I urge court to grant our reliefs as prayed and deny a right of response to the defendants.
A. J. Owonikoko, SAN for Zamfara state said, “Among others, we have filed an application seeking to set aside the directive issued by President Buhari on 16th February, a day after this court sat. I am adopting all the briefs I have filed. I am also adopting the position of my colleagues appearing for Kaduna and Kogi, and set aside the directive of the President limiting exchange to only the old N200.”