It is the Supreme Court's first sitting since President Muhammadu Buhari violated the court's 8 February order directing that the 10 February deadline set for the ending of the validity of old banknotes be suspended.
The Supreme Court resumed sitting on the naira redesign suit on Wednesday.
It is the court's first sitting since President Muhammadu Buhari violated the court's 8 February order for continued use of the old N200, N500, and N1,000 banknotes.
A seven-member panel of the court had ordered that the 10 February deadline set for the ending of the validity of the old banknotes be suspended.
The court also ordered that the old N200, N500, and N1000 banknotes should circulate alongside their newly redesigned versions pending further hearing in the case.
But in direct affront to the Supreme Court, Mr Buhari, on 16 February directed in a national broadcast that only the old N200 notes would remain valid, while the old N500 and N1,000 currency notes had ceased to be legal tender.
PREMIUM TIMES reported that three states - Kaduna, Kogi, and Zamfara - that initiated the legal action against the federal government over the controversial policy have commenced contempt proceedings to redress Mr Buhari's violation of the court's order.
Given the immunity Mr Buhari enjoys as sitting President, he cannot be sued for contempt.
The plaintiffs have, therefore, chosen to target the Attorney-General of the Federation, Abubakar Malami, who is sued in the suit as the federal government's representative, and the Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, who enforces the policy.
The issue of Mr Buhari's violation of the court order is expected to feature during Wednesday's proceedings.
At the last sitting on 15 February, two states - Edo and Bayelsa - joined the side of the federal government in the suit, while seven others joined the side of the original three plaintiffs.
The newly-joined co-plaintiffs are Cross River (South-south), Sokoto (North-west), Lagos (South-west), Ogun (South-west), Katsina (North-west), Ondo (South-west) and Ekiti (South-west) states.
This makes the total number of co-plaintiffs 10. The predominantly APC side has Sokoto as the only PDP state.
The court, after joining the states to be parties to the suit, had adjourned until Wednesday for further hearing.
PREMIUM TIMES will be reporting live as events unfold at the Supreme Court today (Wednesday).
Supreme Court panel members:
1. John Okoro
2. Amina Augie
3. Mohammed Garba
4. Ibrahim Saulawa
5. Adam Jauro
6. Tijanni Abubakar
7. Emmanuel Agim
The separate suits field by the Rivers and Abia states to challenge the naira redesign policy also came up on Wednesday.
At the commencement of hearing, the Rivers State's lawyer, Emmanuel Okala, a Senior Advocate of Nigeria (SAN), moved an application for the consolidation of his client's suit with that of the main suit which already has 12 states as parties.
Similarly, Udochi Iheanacho, who appeared for Abia State Attorney-General, applied to have his client's suit consolidated with the main one.
Both applications were granted.
Appearances
Abdulhakeem Mustapha (SAN) - Plaintiffs
Acting Director, Civil Appeals, Tijanni Gazali (SAN), for the AGF.
Gazali:
We have no objection to the application but we are filing our preliminary objection
Section 20 (3) of the CBN Act.
Court:
This suit is hereby consolidated for hearing.
Main suit
Ten States as plaintiffs in the suit.
Moyosore Onigbanjo (SAN), Lagos AG:
We have an application filed on 20 February.
The application seeks to prohibit the defendant (AGF) from continue to defendant this matter while being in contempt of the Supreme Court order.
John Okoro (Presiding Justice):
Reacting to Mr Onigbanjo's application, Johh Okoro said, people are looking for a scapegoat, so that they can blame the judiciary. But we will hear this matter today by all means. No matter the obstacles (in terms of multiplicity of applications).
We don't want to keep this case any longer," Mr Okoro told the various lawyers in the suit.
10:55 a.m: Mustapha (lawyer to Kaduna) says plaintiffs' affidavit of defendant's non-compliance with the order of the Supreme Court's 8 February was filed on 22 February.
10:58am: Mustapha: Wwish to adopt all the processes in urging my noble Lords to dismiss the notice of preliminary objection filed by the defendants, and given that they are in contempt of this court.
11:02a.m: Abiodun Owonikoko (SAN) for Zamfara State: On 17 February, we filed an application seeking to set aside a directive issued on 16 February by President Buhari.
We are urging the court to set aside the directive in President Buhari's speech made on 16 February.
I am urging the court to allow the plaintiffs suit and dismiss the defendants preliminary objection.
11:07 a.m: S.T Ologunorisa SAN for Katsina State: We adopt the processes filed by the 1st to 3rd plaintiffs, in urging the court to dismiss the defendants' preliminary objection.
11.10 a.m.: Moyosore Onigbanjo, Attorney-General of Lagos:
We seek an order prohibiting the defendants from being granted audience before this court until the defendants or their principal, President Muhammadu Buhari, in this matter until the comply the order made by this court on 8 February, directing that old 200,500 and 1000 banknotes remain legal tender pending the determination of this suit.
11:13 a.m: Onigbanjo (Lagos):The (naira redesign) policy being implemented by the defendant is impacting Lagos State government negatively in carrying out its functions as a government.
There no response from the three defendants to our originating summons.
We urge the court to grant the reliefs prayed for by the 5th plaintiff (Lagos).
The court should deny the defendants the right of audience.
11:19 a.m: Ogun State's lawyer: We align ourselves with all the submissions by Plaintiffs and urge the court to grant all our reliefs.
11:22a.m. O.O Olowolafe for Ekiti State: On 20 February, we filed a written address.
We urge the court to dismiss all the preliminary objections by the Plaintiffs
11:25 a.m: Ondo State's lawyer: We filed a written address in respect of the suit. We adopt the arguments canvassed therein.
We urged the court to grant all the reliefs and dismiss all the preliminary objections
11: 28a.m: Sokoto State: We align ourselves with the processes filed by the plaintiffs in this suit. We urge the court to dismiss the preliminary objections filed by the defendant.
11:29 am. Kanu Agabi for AGF, the federal government: on 8 February, we have a memorandum of conditional appearance and notice of preliminary objection filed on 20 February.
Our counter-affidavit in opposition to motion for interlocutory injunction was filed on 21 February.
11:32 a.m: Agabi: We have a counter-affidavit in response to the plaintiffs' motion to set aside the President's directive. It was filed on 20 February.
We have a written address in support of the 1st defendant's counter-affidavit in opposition to the plaintiffs' motion to set aside the President's directive of 16 February.
We also have the 1st defendant's motion asking for the dismissal of the plaintiffs' Form 48 (contempt proceedings).
We have filed an affidavit showing why Form 48 should be set aside. It was filed on 20 February.
We crave the court's indulgence to adopt these processes.
We urge the court to dismiss all the plaintiffs'originating processes.
11:35am: Agabi: If your Lordships hold that all the reliefs are rooted in Section 20 of the CBN Act, then it holds that this action cannot be commenced in the Supreme Court. They are in a wrong place; the plaintiffs are crying in a wrong place.
The Supreme Court has no original jurisdiction.
11:37a.m. Agabi: The reliefs they are seeking are against the CBN, yet the plaintiffs did not deem it fit to bring the CBN into the matter.
Even before the president gave the directive, Nigerians were already rejecting the old banknotes. So, the President directive Nigerians to deposit the notes at the CBN.
So, the President is not in violations of the Supreme Court order.
Under the constitution, the President is empowered veto a legislation.
11:44 a.m:
Bayelsa State: We filed a counter-affidavit in opposition to the plaintiffs' motion on notice for an order setting aside the presidential directive delivered on 16 February.
That counter-affidavit was filed on 21 February.
The counter-affidavit in response to the originating summons of the plaintiffs was filed on 21 February.
We crave the court's indulgence to adopt the processes.
We urge the court to decline jurisdiction to entertain this suit. It should be dismissed on the merit.
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11:50 a.m.:
Edo State: We have a notice of preliminary objection to the plaintiffs' originating summons.
We urge the court to dismiss the substantive suit.
12:03 p.m:
Rivers State represented by Emmanuel Ukala SAN: We filed our suit on 13 February.
We urge that my Lords grant all the reliefs sought in this matter.
12:07pm: Gazali for AGF: We filed notice of preliminary objection and counter-affidavit.
We urge my Lords to strike out this suit and dismiss this suit on its merit.
12:20 a.m:
Kano State: President Buhari sidelined members of the National Economic Council and only relied on the advice of the CBN governor in the implementation of ths monetisation policy.
The president decided to exercise his powers without consulting with the state governments as required by the law.
We have security report that there will be breach of law and order if nothing is done to address the issue of cash scarcity.
12:39 p.m:
Supreme Court panel rises for five minutes break.
When the panel returns, the court will take submissions from three more states - Jigawa, Nasarawa and Abia.
12:52 p.m:
Court resumes sitting.
Jigawa State: Section 148 of the Nigerian constitution compels the president to seek the advice of the Jigawa State government as a federating unit, but the president did not do so before embarking on the implementation of the naira redesign policy.
12:57:
Nasarawa State: The governor of Nasarawa state is a victim of the federal government's monetary policy.
1.01pm:
Nasarawa State: We urge that the defendants preliminary objection be dismissed and the Plaintiffs reliefs be granted.
1.03pm:
The Supreme Court has fixed 3 March for judgement in a suit filed by some state governments challenging the federal government's naira redesign policy.
"All the suits adjourned until 3 March for judgement," the presiding justice of the seven-member panel of the Supreme Court, John Okoro, said.
