Falana: FG Must End Suffering of Nigerians Now

* Asks FG to comply with S’Court ruling 

*Adegboruwa: President lacks powers to overrule court, says broadcast contemptuous  

*Federal high court awaits apex court ruling, adjourns suit

Wale Igbintade in Lagos and Fidelis David in Akure

Human rights lawyer, Mr. Femi Falana has asked the President Muhammadu Buhari-led federal government to end what he termed the untold misery, suffering and deaths in the country, warning that “unless firm action is taken, the crisis may get worse.”
Falana in a statement titled, ‘FG Must End the Suffering of Nigerians,’ observed that the untold crisis across the country, the misery, suffering and deaths were as a result of fight between different clans of the corrupt elite.

Ten state governors — Kaduna, Kogi, Zamfara, Katsina, Lagos, Cross River, Ogun, Ekiti, Ondo and Sokoto – had dragged the federal government to the Supreme Court over the move to ban the use of the old N1,000, N500 and N200, from February 10. The court had ordered that the move should be halted temporarily until the case is heard.

But Buhari in a broadcast yesterday, announced that the N1000 and N500 shall no longer be legal tender.
According to Falana, the common people were suffering as a result of disputes over who will loot for the next four years or more.
Falana said “The suffering of the Nigerian people is getting worse by the day. President Buhari in his message to the nation gave no hope that this suffering will end anytime soon. We need action now to reverse the fuel price increases and to make money available again.
“Our suffering cannot continue – we cannot live like this. 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 N200 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.”

According to the senior lawyer, “the problem is that the corrupt elite think that increased suffering and deaths of the common people is 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 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.”

He argued that Buhari lacked power to overrule supreme court, adding that the decision of the president to exclude old N500 and N1000 notes from the legal tender of Nigeria was of no legal effect as it constituted a contravention of section 287(1) of the constitution.
Consequently, Falana urged the federal government to comply with the judgment of the Supreme Court without any further delay.
In his contribution, human rights lawyer, Ebun-Olu Adegboruwa, described the broadcast by the President, Muhammadu Buhari that only the old N200 banknote remains legal tender while the old N500 and N1,000 notes are not as contempt of court.

According to him, the president lacked the power to overrule the Supreme Court of Nigeria.
Adegoruwa, in a statement, faulted the president, saying he flouted the principle of the separation of powers.
The statement read: “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.

“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.”
He added: “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.”

Meanwhile, a Federal High Court sitting in Akure, the Ondo State capital, yesterday, resolved to wait on the Supreme Court, as it adjourned hearing in a suit brought against the Central Bank of Nigeria (CBN) by a group, Social Rehabilitation Grace and Supportive Initiative (SRG).

The SRG is challenging the CBN over its decision to void the old N200, N500 and N1000 within a period considered too short.

When the matter was mentioned, the trial judge, Hon. Justice T. B Adegoke, said it was improper for her court to commence trial as the suit was similar to the one pending before the Supreme Court, which is the highest court in the land.

At the mentioning of the case, counsel to the SRG, Mrs. L.E Ukpabi-Owolabi, said the group had brought a motion on notice to amend its originating summons, and also a second motion on notice for interlocutory injunction.

But the counsel to the CBN, Aderemi Adekile, countered that the motion to amend the SRG’s motion was served on him 24 hours ago, as against 48 hours.

In her ruling, however, Justice Adegoke noted that as for SRG’s second motion for interlocutory injunction,  the plaintiffs  should await the verdict of a similar case at the Supreme Court, “since the Supreme Court is already sitting on the matter.”

Justifying the need for her court to wait for the outcome of the case between some state governments and the CBN cum federal government, over the vexed issue of banning the old N1000, N500 and N200, Justice Adegoke said: “That is why they are Supreme Court; it doesn’t mean they are infallible, but they are the apex court. Whether they are right or wrong, I don’t want to pass any comment. So we wait”.

She, as a result, adjourned the suit to March 30, 2023, for hearing.

But the matter also raised some dust among lawyers as some of them queried the legality of the directive by President Muhammadu Buhari that only the old N200 notes should be retained till April 10, while the old N500 and N1000 notes should cease to be legal tenders; against a temporary ruling of the Supreme Court that the three old notes should remain in circulation pending its verdict.