On February 8, Supreme Court ordered the suspension of the deadline for the swapping of old for new naira notes by the Central Bank of Nigeria. The CBN has not obeyed the court order and in a broadcast on Thursday, the President, Major General Muhammadu Buhari (retd.) contrary to the apex court’s ruling, only extended the validity of N200. Some Senior Advocates of Nigeria, speak on the President’s action in separate interviews with Onozure DANIA
Buhari cannot override S’Court order – Oyetibo
The order of the Supreme Court is still subsisting because it was made pending the motion on notice which is yet to be determined, so the order is still in force. Before you can override the order of the Supreme Court, you have to go to the National Assembly and pass a law. In the absence of the order still subsists.
The president cannot by executive fiat override, an order of the Supreme Court. That is the doctrine of separation of powers. You can use executive fiat to subvert the order made by the Supreme Court, the highest court in the land. It just means that the order of the supreme court still subsists, that’s the implication.
It has not been set aside.
In a constitutional democracy, the President is bound by an order made by the Supreme Court.
Tayo Oyetibo, SAN
President’s broadcast, executive rascality – Adegboruwa
The President cannot overrule the Supreme Court of Nigeria. There is a separation of powers in a democracy.
Under section 235 of the 1999 Constitution, the Supreme Court is the final authority in legal pronouncements in Nigeria.
Under section 287(1) of the Constitution, the President is statutorily obliged to obey, enforce and give effect to the decision of the Supreme Court.
Section 287(1) of the 1999 Constitution:
“(1) The decisions of the Supreme court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Supreme Court.”
The broadcast of the president is sad for our democracy. Since he already admitted that the matter is subjudice, the President should not have proceeded to vary the order of the Supreme Court.
The president and indeed the executive should not give the impression that citizens can brazenly disregard lawful orders of any court, as that will only encourage anarchy and lawlessness.
It amounts to executive rascality and brazen disregard and contempt of the Supreme Court, for the President to separate the denomination of the old notes for legality. It is not open to the President to choose which portion of the order of the Supreme Court that will be obeyed.
Ebun-Olu Adegboruwa, SAN
This is not a stone age – Alli
Let me start by saying that the CBN is a creation of the law, so whoever heads the place and those who work there are bound to obey the laws of the land. The Supreme Court said the deadline set by the CBN should not operate, it didn’t say it should be extended. The CBN, as an institution set up by law and run by public funds, has an abiding duty to obey the order of the court. And it is not an ordinary court now, we are talking about the Supreme Court, the highest court of our land. I hope it will never happen that the CBN will go against the order of the Supreme Court of Nigeria.
Having said that, I think this thing is not rocket science. I think the CBN got the entire naira redesign policy wrong. How do you withdraw trillions and print only billions? Common sense will tell you that that will not work. You withdrew trillions from the system and you now printed only billions; those who deposited the money in the banks, are not entitled to take their money back? If this were a country where people know their rights, by now all the banks would have a problem because once you have money in a bank, the bank has a responsibility to you, so, they are obliged to give you your money if you demand it. It is an established legal position. If only our people know their rights, by now the banks would suffer heavily for their failure to give the money people have in the banks to them. But we operate sometimes as if we are in a Stone Age.
Yusuff Alli, SAN
Corrupt elite increasing people’s suffering – Falana
After 13 days (rather than seven) President Buhari eventually announced a decision this morning. But it is not enough to end the crisis. There are not enough old 200 naira notes to replace all the old N1,000 and N500 notes. In addition, the new deadline of 10th of April is too close.
If the government was serious, the crisis could be ended in a few days. All the old currency notes could be made legal tender until the end of the year. In addition, all the old currency could be changed at the banks as well as at the CBN until the end of next year. This would give confidence back in the markets and the old currency would again be accepted.
The problem is that the corrupt elite think that increased suffering and deaths of the common people are a price worth paying if they defeat their opponents. Hungry people can no longer buy food and so they are in more danger of dying from common diseases. People cannot afford to travel to the hospital. If they get there they cannot afford tests. If they take the tests they cannot afford the medicine.
This crisis was created by the government. It is only the government that can end the crisis. The government could end this crisis in a matter of days. The CBN could issue old currency notes to the banks to issue to the public in a matter of days. That is all that is needed to end the crisis.
Femi Falana, SAN
Policy, good for Nigerians – Ojukwu
I don’t use money, I use my card, I don’t have a single Naira note and I mean it. As I am talking to you for the past two weeks I have not touched a single Naira, I don’t bother, anything I can’t do with my ATM, I forget, so the way people are going about this money, I decided that it is not going to disturb me. I can survive my life. The point is that everybody is going digital so the earlier we get used to it, the better. This policy is for the benefit of Nigeria but we have to sacrifice something so it is not for me to come and start commenting on what the president has said.
Anthony Ojukwu, SAN
Buhari’s broadcast, invitation to chaos – Opara
I want to say it is very unfortunate that the president could make that statement. For two main reasons, the President has no power to pronounce what legal tender is, and what it is not legal tender. That power is donated to the CBN governor under the CBN Act. The president only has the power to give him permission to do it. Number two, the President possesses no power at all to kick the decision of the Supreme Court the President is subject to that order. There is an interim order and to the best of my knowledge that order has not been vacated.
President Muhammadu Buhari, is equally subject to the Constitution, and he is bound by law, that is what we call checks and balances. Once there is a precision of a court order, you must obey it, you are obeying it not because the Supreme Court justices are infallible, you are obeying it because it is final, finality donated by the constitution. So of what basis will the President make a statement to torpedo a binding order of court? it does not enter.
If we allow this to go, it will mean a precedent of the gazette. It will mean the court will make a decision and the executive will torpedo it.
We cannot be choosing what to obey and what not to obey. It will portend danger, it’s an invitation for chaos and anarchy.
If the President is not subject to the constitution, he is in contempt. And it is not good. That is not to say I do not subscribe to the cashless policy. I admire the cashless policy, that is the way to go but the implementation is fundamentally faulty. The essence of governance is for the good and benefit of Nigerians.
Victor Opara, SAN
