*Seeks dismissal of suit by Kaduna, Kogi, Zamfara for lack of jurisdiction
The Attorney-General of the Federation and Minister of Justice (AGF), Abubakar Malami, SAN, has challenged the jurisdiction of the Supreme Court to suspend the scheduled deadline for the use of the old N200, N500 and N1000 notes.
Malami, in a preliminary objection filed on behalf of the Federal Government, asked for an order striking out the suit that three Northern states filed to halt the full implementation of the new monetary policy that was introduced by the Central Bank of Nigeria (CBN).
It will be recalled that the Supreme Court had on the strength of an ex-parte application filed by Kaduna, Kogi and Zamfara states, restrained the Federal Government and the CBN from enforcing the February 10 deadline on the use of the old banknotes.
In a unanimous decision, a seven-member panel of the apex court led by Justice Inyang Okoro, reversed government’s decision and gave a ruling approving the continued use of the old notes as valid legal tender, pending the determination of the subtantive suit which it adjourned to February 15.
Meanwhile, the AGF who is the sole defendant in the suit with number: SC/CV/162/2023, applied for the outright dismissal.
Listing his grounds for challenging the jurisdiction of the Supreme Court to entertain the suit and intervene, Malami, accused the three states of opposing FG’s powers, through its agency, the CBN, and thereby rewrite the Constitution through the back door.
“The Plaintiffs’ suit is about the power vested on the Central Bank of Nigeria by the Central Bank of Nigeria Act, 2007 to call in its banknotes and introduce new ones.
“This suit as presently constituted, falls under section 251(1)(a)(p)(q) & (r) of the Constitution (exclusive jurisdiction of the Federal High Court) by virtue of the subject matter and parties.
“The Claims or reliefs are not against the Federation, but the Federal Government and its Agency, the Central Bank of Nigeria.
“The Federal Government of Nigeria is distinct from the Federation or the Federal Republic of Nigeria.
“The Plaintiffs have no grievance whatsoever against the Federation of Nigeria.
“This Suit has disclosed no dispute that invokes this Court’s original jurisdiction as constitutionally defined.
“This suit is an abuse of judicial process.
The Plaintiffs have no locus standi to institute this action.
“The Plaintiffs have no reasonable cause of action against the Defendant”, Malami stated.
