Supreme Court Adjourns Case On FG’s Naira Swap Policy Till Feb 22

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Supreme Court Adjourns Case On FG’s Naira Swap Policy Till Feb 22

Bayelsa, Edo Split Rank of States Opposing FG’s Naira Swap Policy

The Supreme Court of Nigeria has adjourned the case on the naira swap policy of the Central Bank of Nigeria (CBN) till Wednesday, February 22 for hearing of the consolidated suits by 10 states.

Correspondent report said the Court was filled to capacity when it heard the case on Wednesday 15th February, 2023, as it attracted a retinue of Senior Advocates of Nigeria, other lawyers and the governors of Kaduna and Kogi states, Nasir El-Rufai and Yahaya Bello, respectively.

It was also gathered that Court proceedings began with Justice John Okoro leading a seven-man panel.

Justice Okoro in his opening remarks, said the court should not lose sight of the case and its intention as it affects the suffering of Nigerians.

He pointed out that they should not behave like politicians. That it is not about who complies or who doesn’t. That it is more about putting heads together to save the people from suffering.

At the last hearing, the Court had temporarily banned the implementation of the February 10 deadline of the CBN from making the old N200, N500 and N1,000 notes legal tender.

The Zamfara, Kogi and Kaduna states had instituted the suit against the Federal Government and the CBN.

Other states, namely Niger, Kano, Ondo, Ekiti, had also applied to be joined in the suit against the CBN and the Federal Government.

Lagos State, through its Attorney General, Moyosore Onigbanjo, also applied, seeking to be joined in the suit.

In a dramatic twist, Edo and Bayelsa have also joined the Federal Government in suit by some States against the Federal Government on implementation of the Cashless Policy of the Central Bank of Nigeria (CBN).

Edo represented by a Senior Advocate of Nigeria SAN, told a panel of seven Justices of the Apex Court that it was in support of the Cashless Policy Regime and sought to be joined as respondent.

Bayelsa followed the suit when through its counsel, Mr Damian Dodo (SAN) announced support for the Federal Government and applied to be joined as respondent in the matter.

However, seven other states, Katsina, Lagos, Cross River, Ogun, Ekiti, Ondo and Sokoto joined their counterparts, Kaduna, Kogi, and Zamfara in the legal battle against the Federal Government.

The seven States in their respective motions for joinder pitched their tents with the three aggrieved states that initially filed the legal action.

Their joinder motion was moved by Mr Samuel Ologunorisa (SAN) and was granted by Justice John Okoro who presided over the matter.

The Court directed the plaintiffs to amend their originating summons to reflect the name of the seven fresh plaintiffs.

In the same vein, Bayelsa and Edo through their counsel, Damian Dodo (SAN) moved their application for joinder as respondents and was granted by the court following a no objection on the issue.

Justice Okoro also directed the Federal Government, Edo and Bayelsa to amend their statements of defense to reflect the new position of the case.

However, Mustapha drew the panel’s attention to the federal government’s alleged flouting of the order of the court last week by the non-compliance to the extension of the use of the old naira notes.

But Agabi objected, arguing that the claim is based on “rumours out there.”

The panel said the issue cannot be attended to immediately until all the processes are filed and served.

But Mustapha insisted that the federal government is acting in executive recklessness by going ahead to ignore the order.

He therefore insisted that the extension should subsist.

The panel advised that the processes be filed and served on Friday and replies done on Monday to enable hearing on Wednesday.

Emmanuel Ukala (SAN) sought to move a separate application by the Rivers State Government.

Similarly, counsel to the Kano State Government, Sunusi Musa (SAN) sought to move their separate motion challenging the power of the federal government to unilaterally impose the currency policy on citizens of the state without the approval of the Federal Executive Council (FEC) and Council of State.

But Justice Okoro advised both Rivers and Kano to consolidate their suits with the other already existing suits.

The panel fixed all the suits for hearing on Wednesday, February 22.

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