Kaduna, Kogi and Zamfara states have instituted a legal action against Abubakar Malami, attorney-general of the federation (AGF), and Godwin Emefiele, governor of Central Bank of Nigeria (CBN), over their alleged refusal to obey a supreme court order.
On February 8, the supreme court barred the CBN from giving effect to the deadline on the use of old N200, N500, and N1,000 notes following an ex parte application brought by the three states.
However, the CBN has maintained its stance on the old naira notes, while President Muhammadu Buhari, in a new directive, announced the recirculation of the old N200 notes till April 10.
The states, in the suit, are arguing that the implementation of the policy has caused untold hardship for Nigerians.
The AGF, who is the sole respondent, had, however, filed a preliminary objection to the suit, arguing that the supreme court lacks the jurisdiction to entertain the matter.
Malami also said the plaintiffs failed to join the CBN in the suit, which has just the AGF as the sole plaintiff.
Ondo, Ekiti, Katsina, Ogun, Cross River, Lagos, and Sokoto states have joined the suit as co-plaintiffs, while Edo and Bayelsa states have joined the AGF as defendants.
In the fresh documents filed before the apex court, the three states –Kaduna, Kogi and Zamfara — cautioned the AGF and Emefiele about the consequences of their continued “failure” to comply with the apex court’s order.
The two sets of Form 48, filed by the team of lawyers representing the three states, formed part of the applications now awaiting the supreme court’s consideration when proceedings resume on Wednesday.
The forms, one on the AGF and the other for Emefiele, were issued by the chief registrar of the apex court after an application by the plaintiffs’ team of lawyers.
While it was initiated at the supreme court on February 15, the CBN governor and the AGF were served on February 17.
The issuance of Form 48 is the first stage in the commencement of contempt proceedings.
Form 48 is a notice of consequence of disobedience of a court order, which could be followed with the issuance of Form 49, should the disobedience persists.
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