Abubakar Malami, the Attorney-General of the Federation (AGF), requested on Wednesday that the Supreme Court dismiss the lawsuit brought by three state governments against the Central Bank of Nigeria’s (CBN) naira redesign policy.
The Federal Government maintained that the Supreme Court lacks jurisdiction to hear the case in a preliminary objection submitted by the AGF through his attorneys, Mahmud Magaji and Tijanni Gazali.
The AGF claims that “the plaintiffs have likewise not proven a viable cause of action against the defendant” in court documents filed on February 8, 2023.
They assert that the State Governments’ lawsuit challenges the Federal Government, through its agency, the CBN, to remove outdated banknotes from the financial system and introduce new ones. They cite reasons in favour of the objection.
“The claims or reliefs are not against the federation, but the Federal Government and its agency, the Central Bank of Nigeria.
The defence attorneys assert that the claim falls under the Federal High Court’s exclusive jurisdiction in cases involving the monetary policy of a Federal Government agency by citing Section 251 of the Constitution.
“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.
According to the constitution, there is no dispute that this (Supreme) Court’s original jurisdiction should be involved in, the AGF continued.
Kaduna, Kogi, and Zamfara state governments had sued the federal government over the CBN’s naira redesign strategy.
The states requested that the Supreme Court order President Muhammadu Buhari, the Central Bank of Nigeria (CBN), and commercial banks to extend the use of the old N200, N500, and N1000 banknotes as legal tender until February 10, in the lawsuit filed on February 3.
Ruling on an ex parte request by the plaintiffs, the Supreme Court, ordered the Federal Government to halt the implementation of the naira redesign policy pending the determination of the substantive suit.
