Why Muhammadu Buhari can't overrule Supreme Court decision -- Ozekhome

  Mike Ozekhome, a human rights attorney and Senior Advocate of Nigeria (SAN), explains why President Muhammadu Buhari is unable to overturn the Supreme Court's decision over the new currency policy.

He asserts that it is improper for the President to defy the Supreme Court's directive regarding the old naira notes.

Remember that the Federal Government was prohibited from suspending the acceptance of the old naira notes by the apex court in an interim judgment.

Yet, Ozekhome referred to the President's directive as a "dicta, more in the manner of a military Edict" in a statement he released on Friday.

"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 bank notes for 60 days," according to the statement.

"The President then issued a dicta, more in the style of a military decree, stating that all old N1000 and N500 notes still remain receivable at the CBN and designated prints in accordance with section 20(3) of the CBN Act, 2007.

"This order clearly violates and disobeys the current order of the apex court, which had previously preserved the status quo ante bellum of all parties involved in the Naira re-design controversy.

"The Supreme Court had on Wednesday, February 15, 2023, after the first interim order, delayed the suit originally filed by the Attorneys-General of Kano, Kogi and Zamfara states to February 22, to enable it to hear the full matter holistically."

According to Ozekhome, Nigerians expect the president to uphold the law, and Buhari's disobedience demonstrated the traits of an Emperor and Overlord.

Every Nigerian had anticipated that the Federal Government will abide by the ruling of the Supreme Court, he continued. Nevertheless, President Buhari resisted. He elevated himself to the positions of Mikado, Overlord, Emperor, and Supreme Leader.

"Buhari's address to the nation effectively overruled the country's Supreme Court in a way and a manner that only a military dictator could ever imagine," the statement continued.

"Buhari's conduct is a reminder of the mythical remark made by the authoritarian and tyrannical Emperor Louis XIV on April 13, 1655, when he imperiously proclaimed, "L'Etat C'est Moi (I Am the State)" in front of Parliament," This was done to emphasize that he, and he alone, possessed total authority over his nation.

In addition to being a direct attack on the supreme court, Ozekhome claimed Buhari's decision could result in chaos and anarchy.

"Buhari's arrogant order was a frontal invitation to chaos, anarchy, and national upheaval," the speaker declared. In accordance with the doctrine of separation of powers, which was most ably popularized in 1748 by the great French philosopher Baron de Montesque, it was a direct attack on the authority of the Supreme Court, the highest court in the land, as well as the head of the entire Judiciary, the third arm of government.

"To have arbitrarily and capriciously changed the Supreme Court's order was to chose which orders to follow or disregard. This violates the 1999 Constitution's section 1(1) guarantee of supremacy.

Additionally, it openly violates the Constitution's provisions found in Section 287(1), which states that "the decisions of the Supreme Court shall be enforced in any region of the Federation by all authorities and persons, and by courts with subordinate authority to that of the Supreme Court."

With reference to the Supreme Court, he said, "A court order must be obeyed and even if it is a nullity, it has to be set aside on appeal against it.'" This was stated at page 317 E-F of the case of ABACHA V. FAWEHINMI (2000) 6 NWLR (Pt. 660) 228. According to NWALI SYLVESTER NGWUTA, JSC (Pp 25 – 25 Paras D – E). See also GOVERNOR OF LAGOS STATE VS. OJUKWU (1986) 1 NWLR PT. 18, PG. 621, the locus classicus.

As the President hinted that the subject was before the Supreme Court in his statement, Ozekhome urged the court not to let it slide.

"This is one case where the supreme court should show its teeth and bite," he remarked. This is especially true because President Buhari recognized in his statement that the Supreme Court was still considering the case. No one is without a doubt above the law, not even President Buhari.