Naira crisis: States plan contempt proceedings against Malami, Emefiele

serve AGF Supreme Court judgment, demand immediate compliance

Naira crisis: States plan contempt proceedings against Malami, Emefiele .

Some state governments are planning to initiate contempt proceedings against the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, and Governor of the Central Bank of Nigeria, Godwin Emefiele, over their refusal to implement the Supreme Court judgment on the naira redesign policy of the Federal Government.
It was gathered on Friday that the Federal Government was served with the enrolled order and Certified True Copy of last week’s Supreme Court judgment, which also ordered that the old N1,000, N500 and N200 should be in circulation alongside the new notes till December 31, 2023.
Saturday PUNCH gathered that the non-service of the enrolled order and the CTC of the judgment was responsible for the failure of the Federal Government to direct Emefiele to roll out the old notes already withdrawn from circulation.
The silence of the President, Major General Muhammadu Buhari (retd.), on the judgment of the apex court had fuelled the rejection of the remaining old N1,000 and N500 as legal tender. On Monday, some banks commenced paying customers the old notes in partial compliance with the Supreme Court judgment, but by Wednesday the banks stopped disbursing the old notes as the CBN insisted that it had not given any directive to that effect. Saturday PUNCH learned that registered orders and CTC decisions were forwarded to AGF on Friday afternoon.
Abdulhakeem Mustafa (SAN), a lawyer in the states of Kaduna, Kogi and Zamfar, told one of our correspondents in a telephone interview that Malami issued a registration order and the CTC verdict on Friday afternoon was an immediate decision because the government and CBN provided an escape route due to the refusal to provide documents. It is expected to be enforced, he added.

Mustafa said: “The Attorney General of the Confederation has already been delivered and will take care of it there. Failure to comply now will initiate legal proceedings against the Attorney General and CBN Governor. When the Supreme Court speaks, the Constitution obliges every representative of the government and every person to obey its orders. It is not discretionary. You must obey. Last and final, and that’s why we share power.
“Power-sharing for checks and balances; When the Supreme Court speaks, everyone must abide by it.”

The lawyer earlier told one of our correspondents: “We are waiting for a court order. Haven’t purchased yet. Once confirmed, move on to the next step. When the Supreme Court speaks, all government agencies obey, and even if they disobey, the rules are clear. We will activate the necessary legal process within the law. But we have to get an enlistment warrant and serve it on the accused. that’s where we are
“Anytime from now, we will be able to get the enrolled order and the Certified True Copy of the judgement, then we will take it up from there. But I can assure you, our clients are monitoring the situation and we will take appropriate steps at the right time.”

Asked what the next step would be if there was still no compliance after serving the AGF the enrolled order and the CTC, Mustapha said, “Courts deal with live issues and not speculations. When we get to the bridge, we will cross it.”

When contacted, the AGF’s media aide, Dr Umar Gwandu, could not be reached as his phone indicated that it was switched off.
State governors, senior lawyers and other stakeholders had since the judgment was delivered been calling on Buhari to direct the CBN governor to direct commercial banks to start giving out the old notes alongside the new ones in order to ease the scarcity of the naira that has crippled the economy.