The Kano state Government has prayed for a mandatory order seeking for reversal of the Federal Government policy to recall the N200, N500 and N1,000 notes from circulation saying the policy is affecting the economic well-being of the over 20 million citizens Kano State.
The state prayed for, among others, “a mandatory order to compel the FGN to reverse the Naira redesign policy for failure to comply with 1999 (as amended) constitution of the FRN.
The originating summons seen by Loyal Nigerian Lawyer reporter was filed by Mr Sunusi Musa, SAN of Aliyu & Musa Legal Practitioners and Consultants, Kano.
The questions raised for determination are as follows:
1.Whether or not, the decision of the President of the Federal Republic of Nigeria (the President) in the exercise of his executive powers, in which the President unilaterally gave approval and directed the Central Bank of Nigeria to;
i. Redesign the now old N200, N500, and N1000 Bank Notes;
ii. recall the now old N200, N500, and N1000 Bank Notes; and
iii. Implement the demonetization economic Policy of the Federal Government of Nigeria thereby limiting cash transactions and withdrawal from Banks account by the Kano State Government and the people of Kano State, affects the economic well-being of Kano State and more than 20 million citizens in Kano State.
2. Whether or not by the provision of section 148(2) of the Constitution of the Federal Republic of Nigeria 1999 (as altered) (1999 Constitution), the President can, in the exercise of his executive powers to determine the general direction of domestic and foreign policy of the Government of the Federation and generally in the discharge of his executive functions, act on the recommendation of any other person or body without recourse to or consultation with the Federal Executive Council.
3. Whether or not by the combined reading of the provisions of section 148(2) of the 1999 Constitution and Part 1, Paragraph 19 of the Third Schedule thereof, the President can unilaterally, without recourse to the Federal Executive Council and the National Economic Council respectively, give approval and/or directive to the Central Bank of Nigeria for the redesign and recall of the currency notes and coins pursuant to the demonetization economic Policy of the Federal Government of Nigeria.
4. Whether or not by the combined reading of the provisions of section 148(2) of the 1999 Constitution and Part I, Paragraph 19 of the Third Schedule thereof and section 19(1) of the Central Bank of Nigeria Act, the President in the exercise of his executive powers can give approval to the Central Bank of Nigeria for the redesign of the now old N200, N500, and N1000 Bank Notes without recourse to the Federal Executive Council and the National Economic Council.
5. Whether or not by the combined reading of the provisions of section 148(2) of the 1999 Constitution and Part 1, Paragraph 19 of the Third Schedule thereof and section 20(3) of the Central Bank of Nigeria Act, the President in the exercise of his executive powers can direct the Central Bank of Nigeria to recall the now old N200, N500, and N1000 Bank Notes without recourse to the Federal Executive Council and the National Economic Council.
6. Whether or not by the combined reading of the provisions of section 148 (2) of the 1999 Constitution and Part I, Paragraph 19 of the Third Schedule thereof, the President can unilaterally, without recourse to the Federal Executive Council and the National Economic Council respectively, give approval to the Central Bank of Nigeria for the implementation of cash withdrawal limits pursuant to the demonetization economic Policy of the Federal Government of Nigeria.
In the court document, the Kano State Attorney continued that “If the above questions are answered in favour of the Plaintiff, the Plaintiff seeks the following reliefs:
1.A DECLARATION that, the decision of the President in the exercise of his executive powers, in which the President unilaterally gave approval and directed the Central Bank of Nigeria to;
i. Redesign the now old N200, N500, and N1000 Bank Notes;
recall the now old N200, N500, and N1000 Bank Notes; and
Implement the demonetization economic Policy of the Federal Government of Nigeria thereby limiting cash. transactions and withdrawal from Banks account by the Kano State Government and the people of Kano State, affects the economic well-being of Kano State and more than 20 million citizens in Kano State.
2. A DECLARATION that by the provision of section 148(2) of the 1999 Constitution, the President cannot, in the exercise of his executive powers to determine the general direction of domestic and foreign policy of the Government of the Federation and generally in the discharge of his executive functions, act on the recommendation of any other person or body without recourse to or consultation with the Federal Executive Council.
3. A DECLARATION that by the combined reading of the provisions of section 148(2) of the 1999 Constitution and Part I, Paragraph 19 of the Third Schedule thereof, the President cannot unilaterally, without recourse to the Federal Executive Council and the National Economic Council respectively, give approval and/or directive to the Central Bank of Nigeria for the redesign and recall of currency notes and coins pursuant to the demonetization economic Policy of the Federal Government of Nigeria.
4. A DECLARATION that by the combined reading of the provisions of section 148 (2) of the 1999 Constitution and Part I, Paragraph 19 of the Third Schedule thereof, the President cannot unilaterally, without recourse to the Federal Executive Council and the National Economic Council respectively, give approval to the Central Bank of Nigeria for the implementation of cash withdrawal limits pursuant to the demonetization economic Policy of the Federal Government of Nigeria.
5. A DECLARATION that, the decision of the President in the exercise of his executive powers, in which the President unilaterally gave approval and directed the Central Bank of Nigeria to;
iv. Redesign the now old N200, N500, and N1000 Bank Notes;
v. Recall the now old #200, N500, and N1000 Bank Notes; and
vi. Implement the demonetization economic Policy of the Federal Government of Nigeria thereby limiting cash transactions and withdrawal from Banks account by the Kano State Government and the people of Kano State, which affects the economic well-being of Kano State and more than 20 million citizens in Kano State without recourse to the Federal Executive Council and the National Economic Council, is unconstitutional, illegal, null and void.
8. A DECLARATION that by the combined reading of the provisions of section 148(2) of the 1999 Constitution and Part I, Paragraph 19 of the Third Schedule thereof and section 19(1) of the Central Bank of Nigeria Act, the approval given by the President in the exercise of his executive powers to the Central Bank of Nigeria for the redesign of the now old N200, N500, and N1000 Bank Notes without recourse to the Federal Executive Council and the National Economic Council, is unconstitutional, illegal, null and void.
9. A DECLARATION that by the combined reading of the provisions of section 148(2) of the 1999 Constitution and Part I, Paragraph 19 of the Third Schedule thereof and section 20(3) of the Central Bank of Nigeria Act, the directive given by the President in the exercise of his executive powers to the Central Bank of Nigeria for the recall of the now old N200, N500, and N1000 Bank Notes without recourse to the Federal Executive Council and the National Economic Council, is unconstitutional, illegal, null and void.
10. A DECLARATION that by the combined reading of the provisions of section 148 (2) of the 1999 Constitution and Part I, Paragraph 19 of the Third Schedule thereof, the unilateral approval given by the President to the Central Bank of Nigeria for the implementation of cash withdrawal limits pursuant to the demonetization economic Policy of the Federal Government of Nigeria, without recourse to the Federal Executive Council and the National Economic Council respectively, is unconstitutional, illegal, null and void.
11. A MANDATORY ORDER of this Honourable Court reversing the decision of the President in the exercise of his executive powers, in which the President unilaterally gave approval and directed the Central Bank of Nigeria to;
i. Redesign the now old N200, N500, and N1000 Bank Notes;
ii. recall the now old N200, N500, and 1000 Bank Notes; and
iii. Implement the demonetization economic Policy of the Federal Government of Nigeria thereby limiting cash transactions and withdrawal from Banks account by the Kano State Government and the people of Kano State, which affects the economic well-being of Kano State and more than 20 million citizens in Kano State for failure to comply with the provision of the 1999 constitution and other extant legislation.
12. A MANDATORY ORDER of this Honourable Court reversing the policy of the Federal Government of Nigeria on the recall of the old currency notes of N200, N500 and N1000 notes for failure to comply with the provision of the 1999 constitution and other extant legislation.
13. A MANDATORY ORDER of this Honourable Court reversing the policy of the Federal Government of Nigeria on the implementation of cash withdrawal limits pursuant to the demonetization economic Policy of the Federal Government of Nigeria for failure to comply with the provision of the 1999 constitution and other extant legislation.
14. SUCH FURTHER ORDER(S) as this Honourable Court may deem fit to make in the circumstance.
The summons was filed at the Supreme Court registry on the 9th of February, 2023.
