From Godwin Tsa, Abuja
The Federal government has urged the Supreme Court to dismiss a suit challenging the 10 February deadline set by the Central Bank of Nigeria (CBN) to end the old bank notes in place of the newly designed currency notes.
The Central government throughthe office of the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, argued that the Supreme Court lacks jurisdiction to hear the suit.
Specifically, the suit was filed by three states – Kaduna, Kogi and Zamfara States, all in the northern part of Nigeria and controlled by the ruling All Progressives Congress (APC).
But the Federal Government has insisted in its notice of preliminary objection, that the case is not a dispute between the federation and the state governments, but merely an issue about CBN’s policy.
It says the suit is, therefore, not qualified to be taken directly to the Supreme Court for adjudication. It argues that the suit ought to have been commenced at the Federal High Court.
The Attorney-General of the Federation (AGF), Abubakar Malami, sued as the sole defendant as the representative of the federal government, filed his opposition to the suit as a preliminary objection against it at the Supreme Court on Wednesday.
The development is coming on the heels of the interim order granted by the apex court temporarily halting the CBN’s plan to end the use of the old currency notes on 10 February.
In the said notice of preliminary objection, the federal government through its team of lawyers comprising two Senior Advocates of Nigeria, SAN–Mahmud Magaji and Tijanni Gazali – cited 11 grounds on which they anchored their call on the Supreme Court to dismiss the suit.
They defence lawyers pointed out that the state governments’ suit challenges the federal government through its agency, the CBN, to withdraw old banknotes from the financial system and introduce new ones.
They referred the apex court to Section 251 of the Constitution, and argued that the suit falls within the exclusive jurisdiction of the Federal High Court in matters of monetary policy of an agency of the federal government.
“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 (Supreme) Court’s original jurisdiction as constitutionally defined,” the defendant’s lawyers contended.
The applicants, through their lawyers, are expected to oppose the defendant’s preliminary objection.
