Abubakar Malami
The Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, has asked the Supreme Court to dismiss a suit filed by the Kaduna, Kogi, and Zamfara State Governments challenging the February 10 deadline for the validity of the old 200, 500, and 1,000 notes.
Malami, in a preliminary objection filed by his lawyers, Mahmud Magaji and Tijanni Gazali, said the Supreme Court lacked jurisdiction to entertain the suit.
The AGF is also asking the apex court to strike out the suit for lack of jurisdiction.
Malami, in court filings dated February 8, 2023, stated that “the plaintiffs have equally not shown reasonable cause of action against the defendant.”
He further 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.
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“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,” Malami stressed.
It would be recalled that the three northern states, in a motion exparte filed before the Supreme Court, prayed the court to grant an interim injunction stopping the Central Bank of Nigeria (CBN) from ending the timeframe within which the old 200, 500, and 1000 naira notes will cease to be legal tender.
They submitted that the 10-day extension is insufficient to address the challenges plaguing the policy.
The plaintiffs also filed a motion on notice to abridge the time within which the respondent may file and serve a counter-affidavit for an accelerated hearing.
The apex court, however, temporarily stopped the Federal Government from banning the use of the old naira notes from February 10, 2023.
It also adjourned until February 15, 2023, for hearing of the main suit.
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