The Supreme Court has invalidated the new naira design policy initiated by the Federal Government on the grounds that it was not done with due consultation and in line with constitutional provisions.
Following, the apex court ordered that the old naira notes shall continue to be used side by side with the new naira notes till December 31, 2023.
The court held that the three months timeline was also not in tune with the Central Bank of Nigeria’s Act and as such unconstitutional.
Besides, the apex court argued that the President, Major General Muhammadu Buhari (retd.), usurped the powers of the CBN when he issued the directive banning the old naira notes of N1,000, N500 and N200 notes from February 10, 2023.
Delivering judgement, the court considered the defendants’ argument that the court lacked jurisdiction to decide on the case.
Justice Agim stated that the act of the president and government of Nigeria is an act of the federation.
The court held that the dispute is between the states and the government of the Federation and within the original jurisdiction of the court
It held that the government of the federation should have held adequate consultation to avoid massive disruption of government operations and trades.
It invalidated the argument that the CBN was the proper party to be sued, maintaining that it was not the action of the CBN that is being challenged but the validity of the decision of the President to redesign the naira, release the new notes into circulation and withdraw the old notes without consultation with Nigerians through the council of states and the National Economic Council.
The court held that the CBN does not have to be joined as a party in the suit as the CBN had no power to carry out the policy without the directive of the president and that the suit is not an action against the banks or the CBN.
It’s Final: ‘Old N200, N500, N1000 Naira Notes Have Ceased To Be Legal Tender’ – CBN Insists
The Central Bank of Nigeria (CBN) has declared that the old N200, N500, and N1000 have ceased being legal tender since February 10, 2023.
CBN had originally fixed January 31 as deadline for old notes to be in circulation but extended it in response to pressure from Nigerians.
However, before the February 10 deadline, Kogi, Kaduna, and Zamfara States approached the Supreme Court, seeking that the CBN be restrained from going ahead with the deadline.
The Court answered their prayer and adjourned the case till February 15.
However, there has been silence on the part of the apex bank since the court gave its ruling.
The silence threw Nigerians into confusion on the state of the old notes, which were widely rejected but accepted in some places.
Commenting on the development in a chat with journalists, CBN Branch Controller in Bauchi, Haladu Idris Andaza, said the old notes were no longer legal tender.
“In the last 24 hours, we have been inundated by questions from various angles of the general public about our operational guidelines on the old currency notes, be that as it may, there are so many questions here and there which people have been asking about.”
“So for the avoidance of doubt, we wish to state categorically that CBN is ready and is opened to receive all of those old notes based on certain conditions and criteria. Customers are free to come to the Bank and deposit which they cannot do at the Commercial Banks anymore because the currency has seized to be a legal tender since the 10th of this month.
“Consequently, the management of the CBN decided that those customers will have a sigh of relief by coming to the offices of the CBN in all the 36 states in the Federation including FCT to deposit their money.
“The customer has to go to the CBN portal and fill a form in the portal, there will be a form there concerning this currency redesign and exchange. After filling the form, you generate a code, you either print it or come with it in your mobile phone, give us the code and the information contained therein. In the form, you are expected to provide all the basic information about yourself, your account details, and the amount you want to deposit.”
“By the time you have done it correctly, you come to the CBN where the code will be accepted from you as well as the money, process and confirm the genuineness or otherwise of the money to avoid receiving fake notes because there are some fake notes in circulation now.”