Nigeria: Hope Dashed As Supreme Court Adjourns Naira Redesign Suit

15 February 2023

Many Nigerians believe a further adjournment of the case would deepen the hardships the naira redesign policy by the CBN is causing them.

The Supreme Court has adjourned the suit filed by some state governments to challenge the 10 February deadline set by the Central Bank of Nigeria (CBN) to end the use of old naira notes.

A seven-member panel of the court led by John Okoro adjourned the case on Wednesday until 22 February.

The adjournment dashed the hopes of many Nigerians who were anticipating a definite pronouncement of the court to address the federal government's refusal to comply with its earlier order suspending the 10 February deadline.

Nigerians face an unprecedented cash crunch less than two weeks to the nation's general elections. The crisis has plunged many citizens and their businesses into hardships, with many finding it extremely difficult to meet their basic daily needs.

Many believe that a further adjournment of the hearing and final resolution of the case by the court will deepen the hardships Nigerians are grappling with as a result of the naira redesign policy of the CBN.

Nine states joined as parties to suit

The panel adjourned the case on Wednesday after hearing a series of joinder applications by other states interested to be parties to the suit.

The court, before postponing its sitting, joined a total of nine states as new parties to the suit.

The suit was originally initiated against the federal government by three states controlled by the All Progressives Congress (APC) as co-plaintiffs - Kaduna, Kogi and Zamfara states.

All except one of the newly joined co-plaintiffs, are also controlled by the APC. Only Sokoto State (North-west) is being governed by a Peoples Democratic Party (PDP) governor.

The rest of the new co-plaintiffs, who are in support of the suit and against the CBN policy, are: Cross River (South-south), Lagos (South-west), Ogun (South-west), Katsina (North-west), Ondo (South-west) and Ekiti (South-west) states.

Two other states - Bayelsa and Edo - joined as co-defendants are both controlled by PDP governors.

Their joinder as co-defendants, based on their applications, implies they and will be arguing against the suit, apparently because they are most likely supporting the CBN policy.

The two states are now co-defendants along with the Attorney-General of the Federation who was originally sued as the sole defendant in the suit.

Court order violated

On 8 February, exactly a week ago, the Supreme Court granted an ex parte application suspending the implementation of the 10 February deadline set by the CBN to end the legal tender status of the old N200, N500, and N1,000 notes.

But both the CBN and President Muhammadu Buhari who approved the policy have failed to enforce the court order leaving Nigerians to grapple with unprecedented hardships in meeting their daily basic needs.

The court gave the order on Wednesday, following an ex parte request filed by the Kaduna, Kogi and Zamfara state governments against the federal government.

Due to the chaos triggered by the nationwide scarcity of the redesigned naira notes, the three state governments, governed by All Progressives Congress (APC), sued the Attorney-General of the Federation (AGF), lamenting immeasurable hardship unleashed on their citizens by the currency scarcity.

The plaintiffs, in one of their filings, contended that "there is no justifiable basis for the ongoing difficulties and suffering being meted out on the ... good people of Kaduna, Kogi and Zamfara States by the federal government."

Many Nigerians had hoped that the Supreme Court would make another pronouncement to intervene in the stalemate on Wednesday.

Governors El-Rufai, Yahaya Bello in court

PREMIUM TIMES reported that the governor of Kaduna State Nasir El-Rufai and his Kogi State counterpart, Yahaya Bello, arrived at the Supreme Court at about 8.40am for the hearing of the case on Wednesday

The two governors met at the lobby of the courtroom where they shook hands warmly before taking their seats in the courtroom.

At 9:10 a.m., a seven-member panel of the Supreme Court led by John Okoro filed into the court.

Members of the seven-member panel of the Supreme Court include: Amina Augie, Adamu Jauro, Ibrahim Saulawa, Tijanni Abubakar, and Emmanuel Agim.

Before proceedings in the case commenced, the head of the Supreme Court panel, Mr Okoro, appealed to lawyers in the suit not to "behave like politicians."

Mr Okoro urged the lawyers "not to lose sight of the suffering of our people," calling for an amicable resolution of the dispute.

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