Kaduna, Kogi, Zamfara urge Supreme Court to jail Malami, Emefiele
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AGF, Abubakar Malami
Kaduna, Kogi and Zamfara states have made moves to jail the Attorney-General of the Federation (AGF) Abubakar Malami (SAN) and Central Bank of Nigeria (CBN) Governor Godwin Emefiele for alleged contempt.
The states initiated contempt proceedings against the two at the Supreme Court.
It is for their alleged failure to comply with the order extending the February 10 deadline for the use of old N200, N500 and N1000 notes.
The states – original plaintiffs in the suit against the naira swap policy – cautioned the AGF and Emefiele about the consequences of their continued failure to comply with the February 3 .
Two sets of Form 48, one directed at the AGF and the other at Emefiele, were issued by the Chief Registrar of the Supreme Court following an application by the team of lawyers representing the three states.
It was learnt that the documents form part of the processes now awaiting the Supreme Court’s consideration when proceedings resume today.
Copies of Form 48 sighted showed that the CBN Governor and the AGF were served on February 17 while it was received at the Supreme Court two days earlier.
The form, dated February 15, reads: “Take notice that unless you obey the direction contained in the attached Order of the Supreme Court of Nigeria…you will be guilty of contempt of court and will be liable to be committed to prison.”
The issuance of Form 48 on an alleged contemnor (a party believed to have flouted a court order) is the first stage in the commencement of contempt proceedings.
Form 48 is a notice of the consequence of disobedience of the court order, which could be followed by the issuance of Form 49 should the disobedience persist.
On February 8, the Supreme Court barred the Federal Government, acting through the CBN or any other agent, from enforcing the February 10 deadline for the use of old naira notes.
Justice John Okoro, leading a seven-member panel, held that the states’ ex-parte application raised issues of real urgency requiring the court’s intervention.
He held: “After careful consideration of this ex-parte application and the grounds in support of same, this court finds that there is a real urgency for this court to intervene by the grant of this application. Accordingly, this application is hereby granted as prayed.
“That is to say, an order of interim injunction restraining the Federal Government of Nigeria, either by itself or acting through the Central Bank of Nigeria (CBN) and/or the commercial banks, its agents, agencies, corporations, ministries, parastatals, organisations or through any person or persons (natural and artificial) howsoever, from suspending or determining or ending on the 10th of February 2023 the timeframe within which the now older versions of the 200, 500 and 1000 denominations of the naira may no longer be legal tender, pending the hearing and determination of the plaintiffs/applicants’ motion on notice for interlocutory injunction.”
Justice Okoro underscored the validity of the order on February 15.
Counsel for the plaintiffs, Abdulhakeem Mustapha (SAN), had informed the Justices that the Federal Government and CBN failed to comply with the order.
He said he filed a notice of non-compliance with the order because banks were rejecting the old notes, and urged the court to protect its dignity.
“We want the court to renew the order for parties to be properly guided,” he said.
Justice Okoro asked Mustapha to file a proper application that captures his complaints.
The Justice then clarified that there was no need for a renewal of the order.
He noted that since the order was made pending the determination of the motion for an injunction, it remained in force since the motion has not been heard.
The court had joined the Attorneys-General of Katsina, Lagos, Cross River, Ondo, Ogun, Ekiti and Sokoto states as co-plaintiffs; while Edo and Bayelsa were joined as co-respondents.
A few other states, including Abia, may also be joined as co-plaintiffs today.
Source: Nation
