Nobody has breached S’Court order, not FG, not President Buhari – Malami

The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, has said the Federal Government and President Muhamadu Buhari have not breached the Supreme Court’s injunction prohibiting the implementation of the February 10 deadline for the continued use of the old N1000, N500, and N200 denominations.

Malami stated this at the weekly ministerial briefing, organised by the Presidential Communication Team at the Presidential Villa, Abuja on Thursday.

The president had ordered the Central Bank of Nigeria to reissue the old N200 denomination on February 16, 2023, in a nationwide broadcast, extending the notes’ usable life by another 60 days to April 10, 2023.

The president’s action has been considered by the public, particularly soma legal experts as being in defiance of the Supreme Court’s ruling that the old N1,000, N500, and N200 notes were still valid until the court finally rules  in the lawsuit brought by some states against the Federal Government.

However, in response to inquiries regarding claims that the President and his administration violated the Supreme Court ruling, Malami said the administration was not in violation given that the case is still pending and that the government has options under the law.

“Your question can best be answered within the context of what constitutes a rule of law in the Nigerian situation. Where an order is made by a court, you have multiple options.

“The fact is that we are not in breach of any order made by the court, inclusive of any order associated with the naira redesign. I believe I’m not a banker, but you have not gone to establish which bank is it that you have gone to present a N1000 or N500 notes that has been rejected. So we are not in breach. But then, assuming we are in breach, the fact remains that this matter is sub-judice, as you rightly know. It’s being contested before the Supreme Court and when an order is made, you have multiple options within the context of the rule of law.

“One, you are entitled as a matter of right, if the facts and evidence supports your position, to apply for setting it aside. The position of the law, legal jurisprudence is clear, once you are attacking and seeking for a setting aside of an existing order of the court, you cannot be said to be operating in breach when you present your application for setting aside.

“If the court is not an apex court, you equally have a right of appeal and support the right of appeal with an application for stay of execution order. So the bottomline of what I’m trying to state is if the matter is sub-judice and within the context of the rule of law, we are doing the needful as a government, in terms of ensuring that the right of the government, within the context of the naira redesign, is being protected. So we are not in breach,” he said.