Naira Redesign: Some Lawyers Misled Nigerian Central Bank Management Into Thinking It’s Independent Despite Supreme, Appeal Courts' Rulings –Falana
February 14, 2023
NEWS

According to them, as an independent body, it is not bound by the ruling of the apex court.



Human rights lawyer, Femi Falana (SAN) has posited that the Central Bank of Nigeria is not independent as some lawyers have recently noted.


Following the recent ruling of the Supreme Court that the February 10 deadline given by the apex bank for the exchange of old naira notes for new ones should be suspended, some lawyers noted that the CBN was not joined in the suit.

According to them, as an independent body, it is not bound by the ruling of the apex court.


And even though the Attorney General of the Federation and Minister of Justice, Abubakar Malami said the Nigerian government would abide by the decision of the apex court, the CBN governor, Godwin Emefiele on Tuesday said there was no going back on the February 10, 2023 deadline for the swapping of the old N1,000, N500, and N200 notes for new ones.

This implies that the old notes have ceased to be legal tender.

However, in a statement on Tuesday, Falana criticised this, along with his colleagues who described the CBN as independent and not bound by the Supreme Court ruling.

According to the Senior Advocate of Nigeria, both the Supreme Court and the Court of Appeal have ruled that the CBN is an agency of the government and therefore, not independent.

He said, “In misleading the CBN Management, some lawyers have insisted that the apex bank is an independent institution and that it is not a party to the case of Attorney-General of Kaduna State & 2 Ors v Attorney-General of the Federation pending at the Supreme Court.


“Interestingly, the Supreme Court ruled that the CBN is an agency of the Federal Government in the case of Obiuwvera v Central Bank of Nigeria where Rhodes-Vivour JSC held: ‘This suit has to do with the administration or management and control of the Federal Government. The respondent is a Federal agency and the appellant is/was its employee. The termination of the appellant's appointment is on administrative action by an agency of the Federal Government, the respondent.’”

Falana further noted that “in the case of Fayose v EFCC & Anor (2018) LPELR 46474(CA), the Court of Appeal dismissed the claim that the CBN is an independent institution when Dongban-Mensem JCA (now PCA) held: ‘The independent status of the 2nd Respondent touted by the Appellant is a lame link.

“’Section 1(3) of the Central Bank of Nigeria (Establishment) Act has not been shown to be independent of the legal guidance of the Hon. Attorney-General of the Federation who is the Chief Legal Officer of the Federal Republic of Nigeria. Nor was it demonstrated to the Court of trial that the independent status of the CBN takes it out of the supervisory management of the Hon. Ministry of Finance who is a Public Officer.’”

He noted that the Constitution of Nigeria stipulates that the decisions of the Supreme Court shall be enforced by all authorities and persons in the country.

He said, “In view of the pronouncements of both appellate courts to the effect that the CBN is an agency of the Federal Government the provocative disregard for the valid and subsisting order of the Supreme Court by the Management of the apex court should not go unchallenged in view of section 287 of the Constitution which stipulates that, ‘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.’

“Otherwise, the CBN would have set down a dangerous precedent for the subversion of the rule of law in Nigeria.”

https://saharareporters.com/2023/02/14/naira-redesign-some-lawyers-misled-nigerian-central-bank-management-thinking-its

nlfpmod

Mr Godwin Emefiele is on his own.
Apart from his exposed alleged sinister move to frustrate APC's Asiwaju Tinubu, when next the likes of that one SAN give nonsense advice, he will flee!

This nonsense too will soon end like other nonsense in Nigeria and everyone will rest and move on to another nonsense...

Na today agencies, FG, state govt etc start to disobey court orders? Abeg make we hear word.

It has become what it is because the country has always been a banana Republic. The same Governors you guys are crying for also flout court orders that does not favour them. Same for the military, efcc, and others. Its sad for the nation.

The did is done.

I need someone to loan me money I'll pay back with Interest. We can draft up an agreement.

rexel99:
Na today agencies, FG, state govt etc start to disobey court orders? Abeg make we hear word.

It has become what it is because the country has always been a banana Republic. The same Governors you guys are crying for also flout court orders that does not favour them. Same for the military, efcc, and others. Its sad for the nation.

This is the Supreme court

This is different.

The governormnent can pretend it's filling appeal in a higher court while disobeying judgement in lower courts but that of the supreme court is the last straw.

rexel99:
Na today agencies, FG, state govt etc start to disobey court orders? Abeg make we hear word.

Show evidence of the Nigerian Government disobeying a Supreme Court order.

FreeStuffsNG:
Mr Godwin Emefiele is on his own.
Apart from his exposed alleged sinister move to frustrate APC's Asiwaju Tinubu, when next the likes of that one SAN give nonsense advice, he will flee!

Sir,even in a faceless forum,you still find it hard to call out and critisize buhari whom you know is your principal's headache,..am wondering if this is cowardice or what they refer to as stockholm syndrom .

FreeStuffsNG:
Mr Godwin Emefiele is on his own.
Apart from his exposed alleged sinister move to frustrate APC's Asiwaju Tinubu, when next the likes of that one SAN give nonsense advice, he will flee!

that's why this useless apc govt need to be voted out with their useless policy buhari is a failure apc as a party is also a failure if Nigerians fail to end apc that useless party will end Nigeria

Iamgrey5:
This is the Supreme court

This is different.

The governormnent can pretend it's filling appeal in a higher court while disobeying judgement in lower courts but that of the supreme court is the last straw.

How is it different. Its the same way you said its different that's why it had been condoned all these years when the lower courts were been disrespected. It didn't start in a day. Whether lower court or not. What is bad is bad. That's how impunity grows.

If you recall there was a time DSS agents stormed the houses of Supreme Court justices, you most likely praised that blatant act of impunity then. Also, Ononghen the former CJN was unceremoniously removed from office, was that not bad and disrespectful to the supreme Court. Bro, Nigeria has gone to the dogs. The masses need to take back their country from these selfish politicians.

Parachoko:
Show evidence of the Nigerian Government disobeying a Supreme Court order.

Bro, I will list cases upon cases that didn't even just start with this administration. But before I do this, what can be worse that DSS agents storming the houses of Supreme Court justices as was done by the government in 2016. Is that mot worse than even disobeying Court orders.

Now back to your question, FG disobeyed the supreme Court in the following cases.
1. When Dasuki and Elzazaky were granted bail. The later obeyed after years of pleadings.

2.In 2016, when the supreme Court gave an order nullifying the sale of Ajaokuta steel to RUSAL.

Bro, the country has gone to the dogs. Our politicians have held us hostage. The earlier we stop thinking along religious, ethnic or political party line the better for us.