By Kamil Opeyemi and Halimah Olamide
A barrage of criticisms has trailed Thursday’s nationwide broadcast by President Muhammadu Buhari, after he ruled out N1000, N500 notes as legal tenders in the country.
The president said only the old N200 note can now be accepted as legal tender for another 60 days and is allowed to co-exist with the new N1000 and N500 bank notes.
Buhari gave the new orders during his broadcast to the nation.
His approval however runs against the position of the Supreme Court which had earlier ruled that all the redesigned denominations should continue to be legal tender pending the determination of the suit brought before it by three states of the federation.
Zamfara, Kogi and Kaduna states had earlier dragged the Federal Government to court over the deadline for Nigerians to deposit their old notes. The court had slated Wednesday for the hearing of the case which was later joined by Niger, Lagos, Ondo, Ogun, Delta, Edo, Bayelsa.
Both Bayelsa and Edo however sought to be joined as respondent in favour of the deadline.
After the matter had been adjourned to Wednesday February 22, the Supreme Court had insisted that its order for the old notes to remain legal tenders subsisted pending a new order.
President Buhari’s order on Thursday came almost a week ahead of Supreme Court’s expected decision on the matter.
The Centre for Democracy and Development (CDD) said in. a statement signed by its Director, Idayat Hassan, the organisation “closely followed the Thursday morning broadcast by President Muhammadu Buhari on the crisis caused by the implementation of the Naira redesign and cash swap policy.”
Condemning the action of the President, CDD said the President’s decision unfortunately took steps contrary to the position of the Supreme Court on a case concerning the policy.
“This is sub-judice,” the CDD concluded
The centre reminded President Buhari that the apex court’s ruling on the implementation of the redesign policy is that the old notes remain legal tender until the court gives a final verdict.
CDD stated, “It therefore amounts to a flagrant disobedience and violation of the orders of the highest court in the land for the President to carry on as if the ruling of the Supreme Court is of no effect.
“CDD is convinced that this is an egregious affront on the rule of law, and the principle of separation of powers. In a constitutional democracy, which is anchored on the rule of law and separation of powers, the President’s action amounts to an unconstitutional power grab, which degrades our democracy.”
READ ALSO:
- Violence Brewing as Angry Nigerians Take to Streets Over Naira Hardship
- Amidst Tension In Worsening Naira Crisis, Buhari Presides Over FEC Meeting
- Buhari Celebrates Mama Olubisi Osinbajo at 90
CDD said the President’s decision has dire consequences for the 2023 general elections, which are less than 10 days away. It reminded the president that observers from all over the world are in Nigeria to witness the elections and report on the growth of the Nigerian democracy.
“This flagrant side-stepping of the Supreme Court’s decision does no good for our nation, the elections and the democracy we have collectively nurtured over the last 23 years.
“The President has no authority whatsoever to override any court in the land, talk less of the Supreme Court. CDD therefore calls on President Buhari to immediately purge himself of his unconstitutional overarch and align himself with the ruling of the apex court.
“For a government with a history of routinely disobeying court orders, this goes beyond the fine details of policy preferences. It is about respect for the courts critical institutions, which stand as pillars of our democracy, whether their verdicts sit well with the government or not.”
The centre said with less than 120 days to the end of the president’s tenure, should show his support for the rule of law, and live up to the promise he made the Nigerian people to be a reformed democrat.
Also, Senior Advocate of Nigeria and human rights activist, Ebun Adegboruwa, said the president’s speech violated the principle of separation of power.
He said, “Under section 235 of the 1999 Constitution, the Supreme Court is the final authority in legal pronouncements in Nigeria,” Adegboruwa said on Thursday
“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.”
He added, “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 in on February 22 when the case comes up.”