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Sunday Ejike – Abuja
The Jigawa State government has also dragged the Federal Government before the Supreme Court over the demonetization policy and the ban of cash withdrawals from public accounts.
The state government, in its suit marked, SC/CV/277/2023, filed by the Attorney General of the State, Dr Musa Adamu Aliyu, said the two policies of the Federal Government have been causing hardships to the Government and people of Jigawa State.
The state wants the apex court to declare, “Whether by virtue of Sections 147(1),(2), (3); 148(2); Paragraphs 18 and 19 of Part I of the Third Schedule to Constitution of the Federal Republic of Nigeria, 1999 (as amended), the President of the Federal Republic of Nigeria as the Head of the Federal Executive Council of the Federal Government of Nigeria can without consultations with the Federal Executive Council and National Economic Council (where the Governor of Jigawa State is a member) direct redesignation of the now old N200, N500, and N1000 denominations and recall of the foregoing Nigerian currencies based on the President’s powers under section 20(3) of the Central Bank of Nigeria Act, 2007?
“Whether by the provisions of paragraphs 18 and 19 of Part I of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Section 20(3) of the Central Bank of Nigeria Act, 2007 and for the welfare of the people of Jigawa State, the President of the Federal Republic of Nigeria can exercise executive powers concerning the economy of the Federation without input and advise of the National Economic Council to limit the amount of cash to be withdrawn from the Bank accounts of the people of Jigawa State?
“Whether based on the provisions of sections 4 and 36(12) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and section 2 of the Money Laundering (Prohibition) Act, 2022, and other extant laws, the Executive arm of the Federal Government of Nigeria has the power to ban cash withdrawals from public accounts of the Jigawa State and Local Governments accounts and criminalise such withdrawals vide a mere Guidelines?
The state said, if the above questions are answered in its favour, it prays the court to declare that, based on sections 147(1),(2), (3); 148(2); Paragraphs 18 and 19 of Part I of the Third Schedule to the Constitution and section 20(3) of the CBN Act, 2007, the President, as Head of the Federal Executive Council, lacks the power to direct the CBN to redesign the N200, N500 and N1000 denominations of Nigerian currency without recourse to the Federal Executive Council and National Economic Council (where the Governor of Jigawa State is a member).
It also wants the court to declare that the President cannot exercise executive powers with reference to the economic policy of the Federation without input and advise of the National Economic Council to limit the amount of cash to be withdrawn from the Bank accounts of the people of Jigawa State.
Other reliefs sought be the state government include a declaration that the Executive arm of Government does not have powers to ban cash withdrawals from public accounts of the Jigawa State Government and criminalise such withdrawals vide a mere Guidelines issued.
The state is further praying the court for an order, restraining the Federal Government from further implementing the Naira redesignation policy until the due process of law has been followed and complied with.
“An order of this Honourable Court directing that the now old N200, N500 and N1000 denominations of Nigerian currency shall remain valid legal tender at their face value for the payment of any amount.
“A mandatory order reversing the limit of the amount of cash to be withdrawn from the Bank accounts of individuals and corporate bodies. An order nullifying NFIU Guidelines for Discontinuation of Cash Withdrawal in Naira and Foreign Denomination from Public Accounts at Federal, State and Local Governments issued by the Federal Government of Nigeria through the Nigerian Financial Intelligence Unit or any other agency of the Federal Government of Nigeria for being null and void”.
The state also wants an order of perpetual injunction restraining the Defendant from giving effect to the NFIU Guidelines for Discontinuation of Cash Withdrawal in Naira and Foreign Denominations from Public Accounts at Federal, State and Local Governments.
The apex court had, on Wednesday adjourned till February 22 to hear the suit filed by Kaduna, Kogi and Zamfara state governments challenging the naira redesign policy of the Federal Government.
While the governments of Katsina, Lagos, Cross River, Ogun, Ekiti, Ondo and Sokoto joined the governments of Kaduna, Kogi, and Zamfara as plaintiffs in the suit against the Federal Government, Edo and Bayelsa state governments joined the Federal Government as respondents.
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