The Supreme Court has fixed judgment for March 3 in the suits filed by 17 states to challenge the propriety of the naira swap policy of the Federal Government.
A nine-member panel of the court presided over by Justice John Okoro, chose the date after lawyers to parties made their final submissions.
The States that filed cases against the Fed Govt, in the name of the Attorney General of the Federation (AGF) are Kaduna, Kogi, Zamfara, Katsina, Lagos, Cross River, Ogun, Ekiti, Ondo, Sokoto, Rivers, Kano, Niger, Jigawa, Nasarawa, Plateau and Abia..
Upon an application by Bayelsa and Edo states, the court on February 15 joined the two states as co-defendants with the AGF.
Before the hearing of the suits, the Attorney General of Lagos, Moyosore Onigbanjo (SAN) noted that it may be impossible for the case be heard on Wednesday because he was just served with some documents by some of the respondents.
Onigbanjo added that Lagos State has, along with its originating summons, filed We filed an application on February 20 to prohibit the AGF from continuing to defend the suit, because he was in contempt of court.
He argued that it was the position of the law that a party in contempt of court cannot appear before the court to seek any relief.
At that point, Justice Okoro interjected and announced that the court was willing to hear the case on Wednesday and would not accommodate any issue that could prevent it from achieving that goal.
Justice noted that everyone in the case seems to want to make the Judiciary a scapegoat on the issue, adding that the way things are going, the Judiciary could be made the scapegoat.
He said: “We don’t want a situation where the judiciary is made a scapegoat,” adding that the court did not want to delay the hearing of the case any longer.
The judge further said the court would not waste its time on whether or not its order is not obeyed but would proceed to do what it needs to do by hearing the case on Wednesday.
Another member of the panel, Justice Amina Augie spoke in a similar vein and insisted that the court was determined to hear the case.
Justice Okoro then called on the lawyer to the first and second defendants (Kaduna and Kogi states), Abdulhakeem Mustapha (SAN) to identify his processes and adopt same.
Mustapha identified the documents he filed, including an affidavit he filed on February 22 on the AGF’s alleged non-compliance with the order of the court.
He urged the court to grant all the reliefs being sought in his clients’ suit and dismiss the notices of objection filed by the AGF and Bayelsa State.
Lawyer to Zamfara State, Abiodun Owonikoko (SAN), who adopted the arguments by Mustapha, said his client also filed an application on February 17 praying the court to set aside the directive issued by President Muhammadu Buhari on February 16 directing that only N200 notes should be in use, in disregard of the pending order of the court.
Owonikoko added that the naira redesign policy of the Federal Government was at variance with the provision of Section 17(2)(c) of the Constitution, which says the governmental actions shall be humane.
He added that the policy has occasioned hardship on the people.
Onigbanjo, the Attorney General of Lagos State, who represented the state, said his state filed several documents in the case.
One of such documents, he said, is a motion seeking an order prohibiting the defendant/respondent (the AGF) from being granted audience before this court until the defendant or his principal, the President of Nigeria, comply with the order made by this court on the 8th of February, directing that the old notes remain legal tender until the determination of the suit.
Onigbanjo said the suit by Lagos was distinct from the one filed by other states in that it seeks reliefs pertaining to the Lagos State and not the poeple of the state.
He said the suit was informed by the fact that the naira redesign was affecting the government of Lagos State in the performance of its functions and meeting it’s responsibilities.
The Lagos AG urged the court to deny the audience to the AGF and grant the prayers sought in the suit.
-Thenation
