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000 notes’ N1 SERAP sues Buhari over ‘unlawful ban on old N500

SERAP sues Buhari over ‘unlawful ban on old N500, N1,000 notes’

 

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari over “the unlawful directive banning the use of old N500 and N1,000 banknotes, contrary to the interim injunction granted by the Supreme Court that the old N200, N500, and N1000 notes remain legal tender.”

 

Joined in the suit as Defendants are the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, and the Central Bank of Nigeria (CBN).

 

The Supreme Court in a case initially brought by 10 states recently held that the old banknotes remain legal tender pending the determination of a motion on notice fixed for February 22. The deadline for the swap of the old notes expired February 10.

 

However, Buhari in a national broadcast last week directed the CBN to recirculate only the old N200 banknotes, thereby overruling the Supreme Court and banning the use of old N500 and N1,000 notes in the country.

 

In the suit number FHC/ABJ/CS/233/2023 filed last Friday at the Federal High Court, Abuja SERAP is asking the court to determine “whether President Buhari’s directive banning the N500 and N1,000 banknotes is not inconsistent and incompatible with the constitutional duties to obey decisions of the Supreme Court and oath of office.”

 

SERAP is asking the court for “a declaration that President Buhari’s directive banning the use of old N500 and N1,000 banknotes is a fundamental breach of section 287(1) of the Nigerian Constitution 1999 [as amended] and his constitutional oath of office, and therefore unconstitutional, unlawful, null and void.”

 

SERAP is seeking “an order of interim injunction restraining President Buhari, the CBN and Mr Malami, their agents or privies from further enforcing the presidential directive banning the old N500 and N1,000 banknotes, pending the hearing and determination of the motion on notice filed contemporaneously in this suit.”

 

In the suit, SERAP is arguing that: “Upholding the rule of law is the cornerstone of Nigeria’s constitutional democracy. President Buhari and other public officials and authorities have a binding legal responsibility to strictly comply with the rule of law and obey the decisions by the Supreme Court, and all other courts.”

 

SERAP is also arguing that, “The directive to ban the use of N500 and N1000 banknotes, contrary to the interim injunction by the Supreme Court, is ultra vires – beyond the constitutional and legitimate powers of President Buhari and the government.”

 

The suit filed on behalf of SERAP by its lawyers Ebun-Olu Adegboruwa, SAN, and Kolawole Oluwadare, read in part: “It is a very serious matter for anyone to flout a positive order of a court.”

 

“President Buhari’s directive undermines the authority and independence of the judiciary, which is an underlying constitutional principle intended to ensure that government is conducted according to law, and to prevent the arbitrary exercise of powers or discretion by public officials and authorities.”

 

“An order of Court must be obeyed even if such an order is perverse, until such a time that the order is set aside by a competent court. A flagrant flouting of an order of the court by the executive is an invitation to anarchy.”

 

“The rule of law makes all government officials, including the President and other officials, answerable for their acts in the ordinary courts. The law must apply to everybody; nobody is above the law.”

 

“Section 281(1) of the Nigerian Constitution provides that, ‘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.”

 

“Under 318 (1) of the Nigerian Constitution, ‘decision’ means in relation to a court, any determination of that court and includes judgement decree, order, conviction, sentence or recommendation.”

 

“It is the duty of the government to allow the law to take its course or allow the legal and judicial process to run its full course.”

 

“The directive by President Buhari to ban the use of the old N500 and N1000 banknotes can have no other interpretation than the show of intention to pre-empt the final decision of the Supreme Court in this case.”

 

“The courts expect the utmost respect of the law from the government itself which rules by the law.”

 

“The rule of law is essential in a constitutional democracy such as we have in this country for the protection of the rights of citizens and for checking arbitrary use of power by the executive or its agencies.”

 

“It is a necessary implication of the rule of law that, except where the law gives a discretion to a public functionary, he can only act in accordance with the law, as to do otherwise may enthrone arbitrariness.”

 

“The Defendants are public officers who have sworn the constitutional oath office to perform their respective duties in the interest of the Nigerian citizens.”

 

“This suit is not challenging the statutory power of the Central Bank of Nigeria, acting on the directive of the President, to change the currency and denomination banknotes in Nigeria.”

 

“Unless the reliefs sought are granted, the Defendants will continue to violate constitutional provisions and disobey the order of the Supreme Court as implied by the directive of the President in his address to the nation on 16 February, 2023.”

 

SERAP is also asking the court for the following reliefs:

 

  1. A DECLARATION that by virtue of section 287(1) of the Nigerian Constitution 1999, President Buhari, the CBN and Mr Malami have a constitutional duty to obey and enforce any decisions and orders of the Supreme Court, particularly the order allowing the use of old N200, N500 and N1,000 banknotes;
  2. AN ORDER restraining and stopping the CBN from carrying out and giving effect to the directive of the President directing and approving that the old N500 and N1,000 banknotes are no longer legal tender and the old N200 banknote will cease to be legal tender on 10 April 2023, in compliance with the order of the Supreme Court of Nigeria made on 8 February, 2023 in Suit Number SC/CV/162/2023– Attorney General of Kaduna State & 2 Ors v. Attorney General of the Federation;
  3. AN ORDER mandating the CBN to direct all commercial banks in Nigeria to accept and give out the old N200, N500, and N1,000 banknotes as legal tender concurrently along with the new banknotes of the same denomination in line with the order of the Supreme Court of Nigeria made on 8 February, 2023 in Suit Number SC/CV/162/2023 – Attorney General of Kaduna State & 2 Ors v. Attorney General of the Federation;
  4. ANY ORDER(S) that the Honourable Court may deem fit to make in the circumstance of this suit.

 

No date has been fixed for the hearing of the suit.

 

 

 

Kolawole Oluwadare

SERAP Deputy Director                                                     

19/2/2023

Lagos, Nigeria

Emails: info@serap-nigeria.org; news@serap-nigeria.org

Twitter: @SERAPNigeria

Website: www.serap-nigeria.org

For more information or to request an interview, please contact us on: +2348160537202

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back Tinubu Maritime workers reject Atiku Obi

Maritime workers reject Atiku, Obi, back Tinubu

 

The All Progressives Congress (APC) presidential candidate, Asiwaju Bola Ahmed Tinubu, will win the February 25 Presidential Election in Nigeria with a clear majority, Convener, Asiwaju Maritime Network, Malam Usman Ka’oje said at the weekend.

Speaking to newsmen shortly after the group’s walk-in support of Asiwaju Bola Ahmed Tinubu in Apapa, Kaóje said the maritime sector would be harnessed by the APC presidential candidate for the greater good of the people and the country.
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‘’Nigeria needs a strategic thinker, goal-oriented leader with pragmatic vision. Nigeria needs someone that has the capacity to transform and convert potentials and opportunities into tangible results. Senator Bola Ahmed is truly a choice of the people. Maritime personnel in Nigeria are working hard to gain support for him all over the country’’.

Present at the road walk were the Director General, Arewa Support Movement, Mohammed Lawal, Mrs T.A Jakande, Barrister Shehu Popoola-Taiwo, Mr. Kolawale Saheed, Mr. Suleiman A. Daura, Mr. Usman Abdullahi, Mal. Abdullahi Jigawa and Olanrewaju Saheed among others.

‘’Senator Bola Ahmed Tinubu will build a sound economy, set up an economic program, make the country prosperous, build a good transportation system and use federal money to build roads. We also expect him to put an end to poverty, underdevelopment and bad leadership in the country’’ Kaóje said.
He recalled Tinubu’s role in the development of Nigeria, particularly Lagos State.
‘’Asiwaju Ahmed Tinubu built, transformed and stabilized Lagos economy as the third largest economy in Africa. With Tinubu as the nation’s president, Nigeria will reclaim its lost glory as the giant of Africa.

Continuing, he said ‘’Tinubu will be a strong president. He will reform the prison system, address challenges in the manufacturing sector, protect the federal government from dishonesty, bring about greater democracy in Nigeria and improve the lives of persons with handicaps.

Also, the Secretary General of Asiwaju Maritime Network, Shehu Popoola-Taiwo described the APC presidential candidate as a transformer, bridge builder and a trusted leader.

‘’The maritime sector can feed the nation. Ahmed Bola Tinubu is the man who knows the road to a greater Nigeria. What he did as Lagos State governor twenty years back is what stands for him, and that is the reason why Nigerians are behind him. He is a transformer, bridge builder and a trusted leader that will lead Nigeria to a greater height and harness the resources in different parts of the country for the benefit of all.

He commended Nigerians for supporting the APC presidential candidate.

“We are here to show solidarity and support to Asiwaju Ahmed Bola Tinubu. He is a game changer, transformer and a man who can do it, and will do it for the maritime sector and other sectors in Nigeria. You can see that the turnout for this road walk is amazing; people are here to support Asiwaju, despite the current hardship and challenges in the country. They know that the hardship will be over when Asiwaju becomes the president of Nigeria”

For Honourable Adeleye Taiwo, the Chairman of APC in Apapa Local Government Area, Tinubu’s presidential ambition is a good omen for Nigeria.

‘’APC in conjunction with the Asiwaju Maritime Network has been mobilising and creating awareness for people in the country to know the need for Asiwaju to be the country’s president. People are coming out to support the move with passion despite the current situation, because of the experience we have with him as a governor of Lagos State twenty years ago. We know how he managed the state without the state allocation from the federal government, so he knows how to face challenges and resolve issues, and that is why we are out to support him ” he said.

Honourable Tunde Balogun, who is a chieftain of the All Progressives Congress in Apapa Federal Constituency, scolded those working against the ruling party in the country.

‘’We are working with the maritime workers to support the APC presidential candidate, Asiwaju Ahmed Bola Tinubu and all other APC candidates contesting in the 2023 elections. We want to give out a signal that despite the work of some bad eggs to create confusion within APC and Nigerians by introducing some harsh policies at this time, we want to assure them we will remain calm and go out on election day and vote for Asiwaju. He will become the president of Nigeria by the grace of God “. He said.

Rallies, parades and slogans were used by the workers in the last six months to gain support for the APC Presidential Candidate.
The 2023 presidential election is a four-way race between Bola Tinubu, Abubakar Atiku, Peter Obi and Rabiu Kwankwaso.

The road walk, led by the Asiwaju Maritime Network in conjunction with the All Progressives Congress in Apapa, took off from Apapa Port to Apapa local government secretariat.

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