Naira redesign policy: Buhari has committed ‘executive rascality’—lawyers

Human Rights lawyer Dr. Monday Ubani and other public commentators have described President Muhammadu Buhari’s decision to retain only the old N200 notes as legal tender until April 10 despite an order by the Supreme Court to maintain status quo as ‘executive rascality’.

Buhari, in a broadcast on Thursday morning, following violence in some parts of the nation over rejection of the old notes and scarcity of new notes, ordered that only old N200 notes should be reintroduced and retained as legal tender until April 10, 2023.

Despite touting his administration’s “respect” for the rule of law and admitting in his speech that “the subject matter is before the courts and some pronouncements have been made”, the President still disregarded the apex court’s order in part.

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Human Rights lawyer Dr. Monday Ubani said: “There was an interim order which says there should be a stay of action until all grievances are looked at because unfortunately many other states are joining the suit, and the Supreme Court saw the wisdom in giving room for other parties to join so that there will proper parties before it before going ahead to look at the issues on its merit, that was why there was an adjournment yesterday.

“My own understanding of what has taken place is that he has overruled the Supreme Court. He’s clearly not mindful of what is going on at the Supreme Court with what he has just done.

“If you cannot obey your court orders, how do you instill confidence in the international community to come into your country to make investments? In case there is any dispute, can there be a decision of the court that can be complied with within your country? We are not sending the right signal.”

Also, activist-lawyer Ebunoluwa Adegboruwa, SAN, said by purporting to vary the apex court’s order that all the old notes should continue to be legal tender, the President committed “executive rascality.”

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The Senior Advocate of Nigeria slammed Buhari for attempting to “overrule the Supreme Court of Nigeria.”

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Faulting him, Adegboruwa said: “The President cannot overrule the Supreme Court of Nigeria. There is separation of powers in a democracy.

“Under section 235 of the 1999 Constitution, the Supreme Court is the final authority in legal pronouncements in Nigeria. Under section 287(1) of the Constitution, the President is statutorily obliged to obey, enforce and give effect to the decision of the Supreme Court.”

Section 287(1) of the 1999 Constitution reads: “(1) The decisions of the Supreme court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the supreme Court.”

“The President should reverse his directive and add the N500 and N1000 old notes, failing which the Supreme Court should overrule the directive of the President on February 22 when the case comes up,” he added.