Buhari’s naira order is ‘executive rascality’ in a bid to ‘overrule the Supreme Court’
By Jeph Ajobaju, Chief Copy Editor
Rights activist Ebun-Olu Adegboruwa SAN, has slammed Muhammadu Buhari for being in contempt of the Supreme Court in his national broadcast this morning in which he isolated old N200 notes for reintroduction, against the ruling of the court.
Buhari committed “executive rascality” by purporting to vary the order of the top court that all old naira notes remain legal tenders, Adegboruwa argued, and slammed the President for attempting to “overrule the Supreme Court of Nigeria.”
The Supreme Court on 8 February barred the federal government, acting through the Central Bank of Nigeria (CBN) or any other agent, from enforcing 10 February deadline for the use of old naira notes.
The was case filed by Kaduna, Kogi and Zamfara.
The unanimous ruling by a seven-member panel led by Justice John Okoro held the “interim injunction” will subsist “pending the hearing and determination of the plaintiffs/applicants’ motion on notice for interlocutory injunction.”
Nigeria’s highest court repeated on 22 February the order subsists stopping the federal government and its agencies from enforcing the 10 February deadline for the use of old N200, N500, and N1000 naira notes.
But, despite Buhari touting his administration’s “respect” for the rule of law and admitting in his speech “the subject matter is before the courts and some pronouncements have been made,” he disregarded the court order.
“To further ease the supply pressures particularly to our citizens, I have given approval to the CBN that the old N200 bank notes be released back into circulation and that it should also be allowed to circulate as legal tender with the new N200, N500, and N1000 banknotes for 60 days from February 10, 2023 to April 10 2023 when the old N200 notes ceases to be legal tender,” Buhari said.
Adegboruwa countered “the President cannot overrule the Supreme Court of Nigeria. There is 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.”
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President statutorily obliged to obey the Supreme Court
“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,” Adegboruwa stressed, per Vanguard.
Section 287(1) of the Constitution reads: “(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.”
Adegboruwas said Buhari’s broadcast “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.
“The President should reverse his directive and add the N500 and N1000 old notes, failing which the Supreme Court should overrule the directive of the President on February 22 when the case comes up.”