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Unlawful ban on old naira notes: SERAP drags Buhari to court

Published

1 year ago

February 19, 2023

Socio-Economic Rights and Accountability Project (SERAP) on Sunday said it has filed a lawsuit against President Muhammadu Buhari over what the group called unlawful directive banning the use of old N500 and N1,000 banknotes.
SERAP said the action of the president was contrary to the interim injunction granted by the Supreme Court that the old N200, N500, and N1000 notes remain legal tender.

Joined in the suit as Defendants are the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, and the Central Bank of Nigeria (CBN).

The Supreme Court in a case initially brought by 10 states recently held that the old banknotes remain legal tender pending the determination of a motion on notice fixed for February 22. The deadline for the swap of the old notes expired February 10.

However, Buhari in a national broadcast last week directed the CBN to recirculate only the old N200 banknotes, thereby overruling the Supreme Court and banning the use of old N500 and N1,000 notes in the country.

In the suit number FHC/ABJ/CS/233/2023 filed last Friday at the Federal High Court, Abuja SERAP is asking the court to determine “whether President Buhari’s directive banning the N500 and N1,000 banknotes is not inconsistent and incompatible with the constitutional duties to obey decisions of the Supreme Court and oath of office.”

SERAP is asking the court for “a declaration that President Buhari’s directive banning the use of old N500 and N1,000 banknotes is a fundamental breach of section 287(1) of the Nigerian Constitution 1999 [as amended] and his constitutional oath of office, and therefore unconstitutional, unlawful, null and void.”

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SERAP is seeking “an order of interim injunction restraining President Buhari, the CBN and Mr Malami, their agents or privies from further enforcing the presidential directive banning the old N500 and N1,000 banknotes, pending the hearing and determination of the motion on notice filed contemporaneously in this suit.”

In the suit, SERAP is arguing that: “Upholding the rule of law is the cornerstone of Nigeria’s constitutional democracy. President Buhari and other public officials and authorities have a binding legal responsibility to strictly comply with the rule of law and obey the decisions by the Supreme Court, and all other courts.”

SERAP is also arguing that, “The directive to ban the use of N500 and N1000 banknotes, contrary to the interim injunction by the Supreme Court, is ultra vires – beyond the constitutional and legitimate powers of President Buhari and the government.”

The suit filed on behalf of SERAP by its lawyers Ebun-Olu Adegboruwa, SAN, and Kolawole Oluwadare, read in part: “It is a very serious matter for anyone to flout a positive order of a court.”

“President Buhari’s directive undermines the authority and independence of the judiciary, which is an underlying constitutional principle intended to ensure that government is conducted according to law, and to prevent the arbitrary exercise of powers or discretion by public officials and authorities.”

“An order of Court must be obeyed even if such an order is perverse, until such a time that the order is set aside by a competent court. A flagrant flouting of an order of the court by the executive is an invitation to anarchy.”

“The rule of law makes all government officials, including the President and other officials, answerable for their acts in the ordinary courts. The law must apply to everybody; nobody is above the law.”

“Section 281(1) of the Nigerian Constitution provides that, ‘the decisions of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the Supreme Court.”

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“Under 318 (1) of the Nigerian Constitution, ‘decision’ means in relation to a court, any determination of that court and includes judgement decree, order, conviction, sentence or recommendation.”

“It is the duty of the government to allow the law to take its course or allow the legal and judicial process to run its full course.”

“The directive by President Buhari to ban the use of the old N500 and N1000 banknotes can have no other interpretation than the show of intention to pre-empt the final decision of the Supreme Court in this case.”

“The courts expect the utmost respect of the law from the government itself which rules by the law.”

“The rule of law is essential in a constitutional democracy such as we have in this country for the protection of the rights of citizens and for checking arbitrary use of power by the executive or its agencies.”

“It is a necessary implication of the rule of law that, except where the law gives a discretion to a public functionary, he can only act in accordance with the law, as to do otherwise may enthrone arbitrariness.”

“The Defendants are public officers who have sworn the constitutional oath office to perform their respective duties in the interest of the Nigerian citizens.”

“This suit is not challenging the statutory power of the Central Bank of Nigeria, acting on the directive of the President, to change the currency and denomination banknotes in Nigeria.”

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“Unless the reliefs sought are granted, the Defendants will continue to violate constitutional provisions and disobey the order of the Supreme Court as implied by the directive of the President in his address to the nation on 16 February, 2023.”

SERAP is also asking the court for the following reliefs:

A DECLARATION that by virtue of section 287(1) of the Nigerian Constitution 1999, President Buhari, the CBN and Mr Malami have a constitutional duty to obey and enforce any decisions and orders of the Supreme Court, particularly the order allowing the use of old N200, N500 and N1,000 banknotes;
AN ORDER restraining and stopping the CBN from carrying out and giving effect to the directive of the President directing and approving that the old N500 and N1,000 banknotes are no longer legal tender and the old N200 banknote will cease to be legal tender on 10 April 2023, in compliance with the order of the Supreme Court of Nigeria made on 8 February, 2023 in Suit Number SC/CV/162/2023– Attorney General of Kaduna State & 2 Ors v. Attorney General of the Federation;
AN ORDER mandating the CBN to direct all commercial banks in Nigeria to accept and give out the old N200, N500, and N1,000 banknotes as legal tender concurrently along with the new banknotes of the same denomination in line with the order of the Supreme Court of Nigeria made on 8 February, 2023 in Suit Number SC/CV/162/2023 – Attorney General of Kaduna State & 2 Ors v. Attorney General of the Federation;
ANY ORDER(S) that the Honourable Court may deem fit to make in the circumstance of this suit.

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Delta lady dies after 2 friends pushed her into pot of boiling pepper

Published

12 hours ago

May 4, 2024

Trends Admin

Roseline

Delta lady dies after 2 friends pushed her into pot of boiling pepper

A Nigerian man identified as Israel Joe, has revealed how his friend, Roseline, died after she was pushed into a boiling pot of fresh pepper and tomatoes by her two female friends in Sapele, Delta State.

Joe stated that Roseline, a caterer, went on a trip with her friends to Sapele for a catering job where she tragically passed away on Saturday, April 13.

In a Facebook post on Friday, Joe said that before her untimely death, Roseline confided in him about two of her friends who were treating her coldly.

He urged the Nigeria Police to investigate and arrest the killers of Roseline, pointing out that no progress has been made in the case since her murder.

Joe’s post read, “She was pushed into a big boiling pot of fresh pepper and tomatoes by her friend on Saturday, 13th April. She battled for about two weeks with her roasted/boiled body and finally ḍíęɗ last week Friday 26th April.

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“Nobody in the neighborhood in Otokutu knew Roseline had been allegedly kíIIed by these same friends. She was buried with no one to bid her goodbye and with no single bųríaI poster to honour her. Just two days in the morgue, the mørtųarƴ attendants demanded she be carried away to be buried.

“She traveled with them for a catering job in Sapele where they were speaking their local language with this Yoruba girl, Rozzy, not understanding their conversation.

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My wife slept with our plumber, connived to dupe me — Man tells court

Published

13 hours ago

May 4, 2024

Trends Admin

My wife slept with our plumber, connived to dupe me — Man tells court

Grade A Customary Court, Mapo, Ibadan, Oyo State has adjourned till June 3, further hearing in the divorce suit brought before it by a man, Ige, against his wife, Sikira, whom he accused of irresponsibility and infidelity.

Ige added that Sikira was a dupe.

According to Ige, Sikira lacked the ability to take proper care of him and their children and always carried out her duties towards them in a lackadaisical manner.

The plaintiff explained further that the defendant encouraged him to employ the service of a particular plumber when he was building his house, but unknowing to him, the man was her lover.

Ige stated that Sikira was having s3xual affair with the plumber on a regular basis while he was at work.

The plaintiff added that the defendant connived with the plumber to dupe him by adding extra amount to every item he bought when carrying out plumbing work at his site.

Ige said that Sikira eventually moved out of his house and went with all his property.

The plaintiff stated that he desired a fresh start and therefore wanted a clean cut from his wife, which was why he was in court.

The defendant denied all the allegations brought against her but gave in to divorce.

The defendant described the plaintiff as the pot calling the kettle black.

According to the defendant, the plaintiff was in the habit of drinking himself to stupour and beating her.

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She told the court how she caught her husband having sex with a teenager in their apartment.

Sikiral further explained that he once came back home drunk and that he beat and tore her clothes to shreds.

She added that he took the nude pictures of her and sent it to his girlfriend.

The defendant also said that the plaintiff’s girlfriend urged him to seek a way of afflicting the defendant with madness.

According to his girlfriend, it would cost just N200 to perpetrate the evil.

Ige gave his testimony, saying, “My lord, I came to court today because I want a clean cut from my wife.

“Sikira has ridiculed me enough. My life is also not safe with her.

“I met and fell in love with her, and went to her parents with my family to ask for her hand in marriage.

“I paid her bride price and provided all that her family demanded as marital rite.

“Sikara, after all I have spent, got to my house and started misbehaving.

“I realised after we got married that she lacked the ability to run a proper home.

“My wife was lackadaisical concerning my welfare and that of our children.

“The attention and dedication of a loving mother and wife was obviously missing in our lives.

“Sikirat preferred to be out all day than stay back home to keep me and our children company.

“My lord, I stopped trusting my wife a long time ago.

“Sikira is wicked and was unfaithful to me.

“She introduced a plumber to me when I was building my house, and I employed him to do the plumbing work.

“I never had an inkling that the man was her lover.

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“They were consistently having s3xual affair while I was away at work.

“Sikira went further to connive with this man to dupe me.

“She would ask him to add an amount to the items he purchased for the plumbing work and collect this from him.

“My wife made our home a hell to live in and also made my life miserable.

“She later left with all my property.

“My lord, I want to put my past behind me and start life afresh.

“I, therefore, pray that this court grant me a clean cut from my wife.

“My lord, I pray that you dissolve our marriage and grant me custody of our children, who she hardly showed affection towards.”

Sikira stated, “My lord, my husband is the pot calling the kettle black.

“All he said about me are lies.

“Ige is irresponsible. He was always drinking himself to stupour and punching me.

“I once caught him having sex with a teenager in our room.

“He once came back home drunk and, as usual, descended on me with punches.

“He went further to tear my clothes, took my nude pictures and sent them to his girlfriend.

“His girlfriend urged him to afflict me with madness.

“She told him it would only cost him N200 to do so.

“I did not pack out of his house. He threw my belongings out.

“I am also no longer willing to stay married to him.

“I pray that our marriage be dissolved.”

The court president, Mrs S.M Akintayo adjourned the case.

My wife slept with our plumber, connived to dupe me — Man tells court

(TRIBUNE)

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Ex-FCMB manager sentenced to 121-year imprisonment

Published

13 hours ago

May 4, 2024

Trends Admin

Nwachukwu Placidus

Ex-FCMB manager sentenced to 121-year imprisonment

Justice S. N. Odili of the Anambra State High Court sitting in Onitsha, Anambra State, has convicted and sentenced a former manager with First City Monument Bank, FCMB, Onitsha branch, Nwachukwu Placidus, to a cumulative 121 years imprisonment.

A statement issued by the anti-graft agency on Saturday said Placidus bagged the jail term for diverting fixed deposit funds of a customer to the tune of N112,100,000 for his personal use.

He was arraigned on Tuesday, March 27, 2018 on 16-count charges bordering on forgery, stealing, obtaining by false pretence and uttering, by the Enugu Zonal Command of the Economic and Financial Crimes Commission, EFCC.

One of the counts reads: “Nwachukwu Placidus between February 2009 and November 2014 in Onitsha, Anambra State within the jurisdiction of the Anambra State High Court of Nigeria with intent to defraud obtained the sum of (N112,100,000) One Hundred and Twelve Million, One Hundred Thousand Naira only, from Idemili Microfinance Bank under the false pretence that you have placed the said money in a fixed deposit account with First City Monument Bank PLC for it, which pretence you knew to be false and you thereby committed an offence”.

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He pleaded not guilty to the charges when they were read to him, thus setting the stage for his trial.

In the course of trial, the EFCC, through its counsel, Mainforce Ekwu presented four witnesses and tendered several relevant documents which were admitted in evidence.

In his judgment, Justice Odili held that “the prosecution proved its case beyond reasonable doubt” and sentenced the convict to nine years imprisonment on count 3, 4 years on count 4 and 9 years on counts 5 to 16 respectively. He was discharged on counts 1 and 2. The sentences shall run concurrently.

The court further ordered the convict to restitute the said sum to his victim, Idemili Microfinance Bank.

Placidus ’journey to the Correctional Centre began when a petitioner , Idemili Microfinance Bank LTD, alleged that the sum of N112, 100, 000 was handed over to him as the branch manager of FCMB in Onitsha, for fixed deposit. However, when the petitioner approached the bank to terminate and withdraw the deposit, the bank denied receiving the said funds.

Upon receipt of the petition, the EFCC swung into action and investigations revealed that the convict diverted the money for his own use and issued a fake fixed Deposit Certificate to the petitioner.