The Supreme Court on Wednesday adjourned judgement in the new naira policy suit to March 3, 2023.
With the apex court’s decision, Nigerians, especially consumer and business groups as well as professional and trade unions looking up to the apex court for a favorable judgment (today) that they expect will ameliorate their suffering, will have to wait.
The Supreme Court had on February 8 restrained the Federal Government from implementing the February 10 deadline for swapping the old naira notes with new ones, but the Central Bank of Nigeria refused to shift the deadline.
The injunction was sequel to a suit filed by Zamfara, Kogi and Kaduna state governments against the Attorney-General of the Federation on February 3.
Other states including Lagos, Ondo, Ekiti, Kano, Sokoto, Ogun and Cross River have also joined the suit as co-plaintiffs.
While taking arguments on Wednesday, counsel for the Federal Government, Kanu Agabi, said the Supreme Court held that all reliefs are rooted in section 20 of the CBN Act.
He argued that the apex court has no jurisdiction to hear the suit as the action cannot commence with an Originating Summons.
He also contended that the plaintiffs did not deem it fit to the CBN to court as a respondent despite making reference to the apex bank 32 times in their originating summons and despite the fact that seven of the reliefs sought relate to the CBN.
He asserted that Nigerians were already turning down the old notes way the President’s directive.
Agabi also asserted that by asking Nigerians to deposit their old naira at the CBN designated centres, the president was abiding by the court order and that Buhari is empowered under the constitution to veto any legislation.
However, the Supreme Court said it would not allow the Federal and states governments turn the Judiciary to a scapegoat in the legal dispute that is currently trailing the ban on use of the N200, N500 and N1,000 old banknotes as valid legal tenders.
Justice Inyang Okoro, who led a seven-man panel of the apex court, made the declaration while consolidating various suits that different states filed to halt the full implementation of the Naira swap policy.
Justice Okoro said: “We want to make it very clear that we are going to hear this matter today because we don’t want a situation where the judiciary will be made a scapegoat.
“With the way this matter is going, they want to make the judiciary a scapegoat but we can’t allow that.
“We are going to hear everything and take our decision. If you have a contempt proceeding, we will also hear it today.”
Justice Inyang Okoro granted the request and ordered consolidation of the 16 suits into one.
A motion for the consolidation was argued by Emmanuel Ukala, a Senior Advocate of Nigeria SAN representing Rivers State.
Ukala while moving the motion on notice premised the consolidation request on the need for the suit to be heard without any hinderance since the matter bothers on same issue.
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