On February 8, 2023, the Supreme Court of Nigeria ordered that the old Naira notes of N200, N500 and N1000 should continue to be circulated together with the new Naira notes, pending the hearing and final determination of the Motion on Notice filed by the three. State before the Court.
The case was then adjourned until February 15, 2023. In reaction to the suit and the order made, the Federal Government of Nigeria, through the Attorney General of the Federation, filed the proceedings in the suit and gave an undertaking to comply with the order of the Supreme Court. In the meantime, the issue related to the shortage of new Naira notes continues unabated.
From the order of the President, the State Assembly participated and advised that if the new notes are not enough, the old money should be continued along with the new notes until the last time it will spread widely.
When the Court’s case was presented to the Supreme Court on February 15, 2023, the interim order previously made was validated and extended.
The next day on February 16, 2022, the country woke up to hear the President in a national broadcast on the old and new Naira note crisis. The highest point of the President’s broadcast was best captured in today’s infamous declaration that the old N500 and N1000 notes have ceased to be legal tender and the old N200 will remain valid until April 10, 2023. There are many absurdities in the President’s broadcast. . The President himself admitted in the broadcast that the issue of whether the old Naira notes will remain legal tender is pending before the Supreme Court and he is a party to the case through the Attorney General. If that is the case (and it is true), then where is the place for the President to make proclamations on matters pending before the Court? The President does not have the right to take the law into his own hands, by seeking to override any decision the Supreme Court may make on the matter, ultimately. In addition, there has been an order passed by the Supreme Court to maintain the status quo of the subject matter in the Court. The President cannot deny or revoke the order, in any form.
The President’s statement that the old N500 and N1000 notes have ceased to be legal tender amounts to overcome the ongoing Supreme Court order, which has no legal force. In every democratic setting such as obtained in Nigeria, there is the sacred doctrine of separation of powers, whereby the organs of government can work separately and independently, without seeking to interfere or undermine the statutory functions of other organs.
According to section 6 (6) (b) of the 1999 Constitution, the judicial authority vested in the Court extends to the determination of disputes between people and people, between people and government and between government and government. And if the dispute is submitted to the Court for adjudication, the parties will lose the power to act or take a decision on the matter, otherwise we will face a situation of anarchy and lawlessness. The reason for trying to preserve the subject of a lawsuit pending in any court is just to avoid a situation where the Court may act in the case on the merits of losing value or if the Court is made to face a situation of fait accompli or complete helplessness.
In this case, suppose the Supreme Court decides that in accordance with section 20 (3) of the Central Bank Act, the old Naira notes will continue to be valid? Meanwhile, the President with the broadcast declared them illegal. That created confusion in the country, because people now have to decide who to follow between the Supreme Court and the President.
According to and under section 235 of the 1999 Constitution, “… no appeal shall lie to any body or person from any decision of the Supreme Court.” In other words, the Supreme Court is the final authority on legal pronouncements in Nigeria. The Constitution is very careful in choosing the wording so that no other “body” or “person” should seek to exercise authority over the Supreme Court, which is what the President does through the broadcast of his actions. party right away. Article 287(1) of the Constitution explains:
Article 287(1) of the 1999 Constitution:
“(1) The decisions of the Supreme Court shall be enforced in the Federation by all authorities and persons, and by courts having jurisdiction subordinate to the Supreme Court.”
Without doubt, the President, and indeed all persons in authority in Nigeria, including the Central Bank of Nigeria, must obey and give effect to all decisions of all Courts in Nigeria. It is more important in this case because it involves the highest Court of the land. In this case, the President cannot claim to exercise the right of appeal against the decision of the Supreme Court as prohibited in section 235 of the Constitution.
This is why the President’s broadcast is sad for our democracy; it should not have been made at all, because of the implications of the declaration. The President took part in a confrontation with the Supreme Court, by making a declaration that contradicts what the Supreme Court has made. Since he has admitted that the matter is sub judice, the President should not change the order of the Supreme Court. No one can pick or choose which part of the Court’s order to obey.
According to and subject to section 318 of the Constitution, a ‘decision’ of the Court extends to “the decision of any Court and includes any judgment, decision, order, conviction, sentence or recommendation”. So, whatever the Court decides, sitting in its judicial capacity, becomes binding on all people and authorities in Nigeria. Article 318 of the same states that the authority includes the government. The oath taken by the President is to defend and uphold the Constitution. In this regard, the President and the executive must not give the impression that citizens can ignore the valid orders of any court, as this will only encourage anarchy and lawlessness.
To be continued tomorrow
Adegboruwa is a Senior Advocate of Nigeria (SAN).