Tag: Supreme Court

Atiku Abubakar

Supreme Court to PDP: You are meddlesome interloper, busybody

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The Supreme Court berated the Peoples Democratic Party, PDP on Friday, describing it as a meddlesome interloper and a busybody who declined to mind its own business.

The court handed over the stinging rebuke while delivering its decision in a suit by the PDP, challenging the alleged double nomination of Kassim Shettima, the Vice President-elect.

The apex court agreed with the lower courts that the PDP lacks the locus Standi to institute such a case.

Justice Adamu Jauro who read the judgement, noted that the PDP acted as meddlesome Interloper and a busy body as it is an internal affair of the APC.

Two million naira (N2,000,000) was awarded against the PDP, even as the suit was dismissed for lacking in merit.

The Justices further held that the attitude of the PDP, amounts to misleading the court, describing the move as “sad”.

Shettima withdrew his senate nomination on 6th July 2022 and was subsequently replaced. At this point, he was no longer a candidate for the Senate, and as such his position as vice president, did not constitute a multiple nomination breach.

On the case of Uche Nwosu which the PDP relied on, the Supreme Court Justices reminded them that they made the decision as at that time and are fully aware of the details.

Uche Nwosu in his case, got nominated by two political parties for different positions. They held that the the suit of the PDP, was bound to fail right from the trial court, to the Court of Appeal, and the Supreme Court.

The Justices further held that the action of the PDP was painful as it used the social media to set a trap for the Apex court to blackmail it, describing this situation as unfortunate and uncalled for.

According to the judges, a political party has no right to challenge the action of another party, or the decision of INEC, in respect of another party.

They added that for a person to have locus standi to challenge the nomination process of a political party, the person must be a neutral person and an aspirant to that position, and a member of the party.

The justices held that no matter the pains of the PDP on how the APC conducted its primary elections and nominated its candidate, the PDP must remain as an onlooker.

They also reminded the PDP of the same issue in 1999 where Atiku Abubakar was nominated for the seat of Governor, but later moved on to become the Vice Presidential Candidate to Olusegun Obasanjo.

In that case, Atiku’s running mate – Boni Haruna took over the Governorship Nomination. INEC wanted to conduct a fresh election then, but the party kicked against it until it got to the Supreme Court.

The court asked the opposition party rhetorically what has changed since 1999.

The PDP had in its suit, claimed that Shettima’s nomination as Tinubu’s running mate, was in breach of the Provisions of sections 29(1), 33, 36 and 84 (1)(2) of the Electoral Act 2022.

However, the court in its ruling stressed that the matter is not the business of the opposition party.

Source: Channels TV

Some old Naira notes

Breaking: Supreme Court says old Naira notes remain legal tender, knocks Buhari

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The Supreme Court on Friday ordered the Federal Government to allow the old Naira notes to continue as legal tender until 31 December 2023.

Kaduna, Kogi, Zamfara had filed the suit but Rivers, Kano, Niger, Jigawa, Nasarawa, Ondo, Ekiti, Katsina, Ogun, Cross River, Lagos, and Sokoto states were among the first batch to be joined as co-plaintiffs.

Edo and Bayelsa states joined the attorney-general of the federation (AGF) as defendants.

Specifically, the states are seeking to restrain the federal government from giving effect to the deadline on the use of old N200, N500, and N1,000 notes.

On Feb. 8, the Supreme Court restrained the CBN from giving effect to the deadline following an ex parte application brought by the three states.

Channels TV reports: The apex court also nullified the Federal Government’s naira redesign policy, declaring it as an affront to the 1999 Constitution.

Justice Emmanuel Agim, who read the lead judgement, held that the preliminary objections by the defendants (the Attorney General of the Federation, Bayelsa and Edo states) are dismissed as the court has the jurisdiction to entertain the suit.

Citing Section 23(2)1 of the constitution, the court held that the dispute between the Federal Government and states must involve law or facts.

The apex court further held that President Muhammadu Buhari in his broadcast admitted that the policy is flawed with a lot of challenges.

The court said the policy has led to some people engaging in trade by barter in this modern age in a bid to survive. The court added that the President’s disobedience of the February 8 order, is a sign of dictatorship.

The apex court held that President Buhari breached the Constitution of the Federation in the ways he issued directives for the re-designing of the Naira by the CBN.

Justice Agim further held that the President failed to consult the National Council of States, Federal Executive Council (FEC) and the National Economic Council (NEC) before directing the CBN to unlawfully introduce new Naira notes.

He held that the unconstitutional use of powers by President Buhari on Naira Re-designing has breached the fundamental rights of the Nigerian citizens in various ways.

The apex court said such use of powers by President Buhari is not permitted under democracy and in a society like the Nigeria.

In the unanimous judgement, the court held that the unlawful use of executive powers by the President, inflicted unprecedented economic hardship on the citizens by denying them ownership of and access to their money.

Sixteen states of the Federation instituted the suit to challenge the legality or otherwise of the introduction of the policy.

The suit initially instituted by Kaduna, Kogi and Zamfara states has been slated as the first case on the cause list for a final verdict.

Justice John Inyang Okoro who led a seven-man panel of Justices of the Court had on February 22 fixed today for the court to make its decision known on the suit.

The 16 states led by Kaduna, Kogi and Zamfara are praying the apex court to void and set aside the policy on the ground that it is inflicting hardships on innocent Nigerians

They accused the President of usurping the function of the CBN in the introduction and implementation of the policy and asked that the directive issued by Buhari be voided.

Governor Nasir El-Rufai of Kaduna State and his Kogi State counterpart, Yahaya Bello were in court to witness the judgement on Friday.

The two governors were also in court at the last hearing. Also, Zamfara State Governor, Bello Matawalle was in court on Friday.

Naira currency notes

Naira swap: Supreme Court renews interim order, adjourns till 3 March

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The Supreme Court on Wednesday renewed its interim order on the Central Bank of Nigeria, via the Federal Government to allow the old N200, N500 and N1,000 notes remain as legal tender.

It then fixed March 3 for judgment in the suits filed by some State Governors against the Federal Government over the cashless policy by the CBN and the old Naira note withdrawal.

Justice Inyang Okoro, who led the seven-member panel of justices, fixed the date after taking arguments from parties involved in the suits.

Sixteen states have so far sued the federal government over the cashless policy.

All the states in their respective motions pitched their tents with the three aggrieved states namely Kaduna, Kogi and Zamfara that initially ignited the legal battle.

The 16 states are: Kaduna, Kogi, Zamfara, Ondo, Ekiti, Katsina, Ogun, Cross River, Lagos, Sokoto, Rivers, Kano, Nasarawa, Abia, Jigawa and Niger

However, Edo and Bayelsa, both PDP states supported the federal government.

Edo and Bayelsa counsel had told the panel that they were in support of the cashless policy regime and sought to be joined as respondents.

The Supreme Court stopped the withdrawal of old Naira Notes from Feb. 10 across the nation.

A seven-member panel led by Justice John Okoro, halted the move in a ruling in an exparte application brought by Kaduna, Kogi and Zamfara.

The three states had specifically applied for an order of Interim Injunction restraining “the federal government through the Central Bank of Nigeria (CBN) or the commercial banks from suspending or determining or ending on Feb. 10, the time frame with which the now older version of the 200, 500 and 1,000 denomination of the naira may no longer be legal tender pending the hearing and determination of their motion on notice for interlocutory injunction”.

Delivering ruling in that motion, Okoro, held that after a careful consideration of the motion exparte this application is granted as prayed.

“An order of Interim Injunction restraining the federal government through the Central Bank of Nigeria (CBN) or the commercial banks from suspending or determining or ending on Feb. 10,, the time frame with which the now older version of the 200, 500 and 1,000 denomination of the naira may no longer be legal tender pending the hearing and determination of their motion on notice for interlocutory injunction”.

Moving the application on Wednesday, counsel to the applicants, Mr A. I. Mustapha, SAN, urged the apex court to grant the application in the interest of justice and the well-being of Nigeria.

He stated that the policy of the government has led to an “excruciating situation that is almost leading to anarchy in the land “.

While he referred to a Central Bank of Nigeria’s (CBN) statistics which put the number of people who don’t have bank accounts at over 60 percent, Mustapha lamented that the few Nigerians with bank accounts can’t even access their monies from the bank as a result of the policy.

The senior lawyer further argued that unless the Supreme Court intervenes the situation will lead to anarchy because most banks are already closing operations

Naira currency notes

Supreme Court halts CBN, Buhari over currency swap deadline

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The Supreme Court on Wednesday temporarily stopped the withdrawal of old Naira Notes from Feb.

A seven-member panel led by Justice John Okoro, halted the move in a ruling in an exparte application brought by three northern states of Kaduna, Kogi and Zamfara.

The three states had specifically applied for an order of Interim Injunction restraining “the federal government through the Central Bank of Nigeria (CBN) or the commercial banks from suspending or determining or ending on Feb. 10, the time frame with which the now older version of the 200, 500 and 1,000 denomination of the naira may no longer be legal tender pending the hearing and determination of their motion on notice for interlocutory injunction”.

Delivering ruling in the motion, Okoro, held that after a careful consideration of the motion ex parte this application is granted as prayed.

“An order of Interim Injunction restraining the federal government through the Central Bank of Nigeria (CBN) or the commercial banks from suspending or determining or ending on Feb. 10,, the time frame with which the now older version of the 200, 500 and 1,000 denomination of the naira may no longer be legal tender pending the hearing and determination of their motion on notice for interlocutory injunction”.

He accordingly adjourned until Feb. 15, for hearing of the main suit.

Moving the application on Wednesday, counsel to the applicants, Mr A. I. Mustapha, SAN, urged the apex court to grant the application in the interest of justice and the well-being of Nigeria.

He stated that the policy of the government has led to an “excruciating situation that is almost leading to anarchy in the land “.

While he referred to a Central Bank of Nigeria’s (CBN) statistics which put the number of people who don’t have bank accounts at over 60 percent, Mustapha lamented that the few Nigerians with bank accounts can’t even access their monies from the bank as a result of the policy.

The senior lawyer further argued that unless the Supreme Court intervenes the situation will lead to anarchy because most banks are already closing operations.

About

Senator Bola Ahmed Tinubu is a man of many traditional honours across the country, from north to south, west to east. The array of titles he has garnered was only comparable to that of Chief Moshood Abiola, winner of the 1993 Presidential election.

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