Contempt charge against Malami, Emefiele continues, says lawyer

Kaduna, Kogi and Zamfara states have finalised arrangements to initiate contempt proceedings against the Attorney-General of the Federation, Abubakar Malami, SAN, and the Central Bank Governor Godwin Emefiele despite the Monday directive to commercial banks to accept and dispense the old naira notes.

The lead counsel for the three states, Abdulhakeem Mustapha, SAN, disclosed to The PUNCH on Thursday that the press statement released by the CBN in which it directed banks to accept the old naira notes was a mere camouflage to give the impression of compliance.

The Supreme Court had in its March 3 judgment extended the legal tender status of the old N200, N500, and N1,000 notes until December 31.

In the ruling delivered by Justice Emmanuel Agim, the apex court held that the President, Major General Muhammadu Buhari (retd.), breached the constitution in the manner he issued directives for the redesigning of the naira.

The seven-man panel also slammed the President over his February 16 broadcast in which he said only the N200 note should remain legal tender in flagrant violation of the restraining order made by the apex court.

The court ordered that the old notes shall remain legal tender till December 31.

However, the AGF and the CBN governor failed to comply with the order despite pressure from Nigerians.

During this time, banks also refused to accept or dispense the old notes, citing the lack of directives from the CBN regarding the judgment.

Further to the enforcement of the judgment, the plaintiffs served the enrolled order and Certified True Copy of the Supreme Court judgment on the AGF penultimate Friday.

Following the failure of the respondents to obey the judgment, the plaintiffs threatened to file contempt charges against the two officials should they fail to obey the apex court order.

On Monday night, the CBN in a statement directed banks to receive and disburse the old notes as directed by the apex court.

But speaking to The PUNCH on Thursday, Mustapha dismissed the CBN statement as a gimmick, insisting that the apex court had not complied with the Supreme Court order.

The senior advocate revealed that he had his clients’ instructions to initiate contempt proceedings against the AGF and the CBN governor.

He stated, “The press release made by the Central Bank of Nigeria is just a mere camouflage just to give an impression of compliance. There is nothing like that. And our clients, Kaduna, Kogi, Zamfara, and states have told us that we should go on with the already initiated contempt of proceedings against the Attorney General and the Central Bank Governor.

“The decision of the Supreme Court has not been complied with. They are in contempt of court. We are going to reactivate the already-initiated contempt proceedings.  There is a legal process around it.”

On when Nigerians should expect the proceeding to commence, he said, “There is a legal process around it; over time you are going to see it. I can confirm to you that we have a clear mandate for our clients to proceed with the already initiated contempt proceedings because it is clear to all and sundry that the CBN is just playing pranks.

“They are not sincere. And they are acting as if they are above the law. The constitution is clear that all organs and everybody must ensure that the decision of the Supreme Court is enforced.”

The AGF could not be reached on Thursday for comments on the move to commence contempt proceedings against him as calls to his media aide, Umar Gwandu rang out.

He had yet to respond to a text message sent to him on the issue as of the time of filing this report.

Also, the CBN spokesman did not respond to calls and a text message sent to him on the plan to cite Emefiele for contempt.