Pegasus Reporters Issues on the Wing
“Buhari’s broadcast to the nation, therefore, literally overruled the Supreme Court of the land in a way and manner only a military tyrant could ever contemplate”
*Barrister Mike Ozekhome, SAN
PEGASUS REPORTERS, LAGOS | FEBRUARY 18, 2023
Mike Ozekhome, a human rights lawyer and Senior Advocate of Nigeria (SAN), explained why President Muhammadu Buhari lack the power to overrule the Supreme Court’s decision on the new naira policy.
In a statement released on Friday, Ozekhome called the president’s order a “dicta, more in the form of a military decree.”
Ozekhome’s statement says, in part, “Buhari, in his broadcast on Thursday, February 16, 2023, unilaterally varied the apex court’s extant order of maintenance of status quo, by directing the CBN Governor to the effect that ‘the old N200 banknotes be released back into circulation…to circulate as legal tender with the new N200, N500 and N1000 banknotes for 60 days….
“The President then issued dicta, more in the form of a military Decree, that, ‘in line with section 20 (3) of the CBN Act, 2007, all existing old N1000 and N500 notes remain redeemable at the CBN and designated prints’.
“This order is a clear violation of and disobedience to the existing order of the apex court, which had already maintained the status quo ante bellum of all parties involved in the Naira re-design dispute.
“The Supreme Court had on Wednesday, February 15, 2023, after the first interim order, adjourned the suit originally filed by the Attorneys-General of Kano, Kogi and Zamfara states (other interested parties were later joined) to February 22, to enable it hear the entire matter holistically.”
Explaining that Buhari was acting like an Emperor and Overlord by making the stae broadcast, he said, “Every Nigerian had expected that the Federal Government would respect this apex court’s position. But President Buhari demurred. He made himself Supreme Leader; an Emperor; Potentate, Mikado and Overlord.
“Buhari’s broadcast to the nation, therefore, literally overruled the Supreme Court of the land in a way and manner only a military tyrant could ever contemplate.
“Buhari’s action is a reminder of the apocryphal saying of autocratic and despotic Emperor Louis XIV, who, on April 13, 1655, stood in front of Parliament and imperiously declared, ‘L’Etat C’est Moi (I am the State)”. This was to underline the fact that he and he alone, had absolute power over his nation.’”
He said that the president’s order could cause chaos and disorder in addition to being a direct attack on the highest court.
“Buhari’s imperious order was a frontal call to chaos, anarchy and national upheaval. It was a direct assault on the authority of the Supreme Court, the highest court of the land, and also the head of the entire Judiciary, the 3rd arm of government under the doctrine of separation of powers, most ably popularised in 1748 by Baron de Montesquieu, a great French Philosopher.
“To have whimsically and capriciously varied the order of the Supreme Court was to pick and choose what order to obey or disobey. This breaches the supremacy of the 1999 Constitution provided for in section 1(1) thereof. It also frontally assaults the provisions of section 287(1) of the Constitution which 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”
Referring to the Supreme Court, he wrote on page 317 E-F of the case ABACHA V. FAWEHINMI (2000) 6 NWLR (Pt. 660) 228: “A court order must be obeyed and even if it is a nullity, it has to be set aside on appeal against it. Per NWALI SYLVESTER NGWUTA, JSC (Pp 25 – 25 Paras D – E). See also the locus classicus of GOVERNOR OF LAGOS STATE VS. OJUKWU (1986) 1 NWLR PT. 18, PG. 621.”
Ozekhome told the Supreme Court that they shouldn’t let this go since the president had mentioned in his speech that the case was in front of the highest court.
He said, “This is one instance where the apex court should bare its teeth and bite. This is more so because President Buhari had himself acknowledged in his speech, the pendency of the matter before the Supreme Court. Surely, no one is above the law; not even President Buhari himself.”
It will be recalled that in an interim order, the Supreme Court stopped the Federal Government from stopping the use of the old naira notes to which the senior advocate was referring.
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