Naira redesign: ‘Disclose how you’re obeying S'Court orders’, SERAP tells Buhari
(Nigeria) Socio-Economic Rights and Accountability
Project, SERAP, has urged President Muhammadu Buhari to “disclose details of
the measures your government is taking to immediately and effectively obey the
Supreme Court decision extending the validity of the old N200, N500, and N1,000
notes, and directing the Central Bank of Nigeria, CBN, to continue to receive
the notes from Nigerians.”
SERAP urged him “to publicly instruct the
CBN to immediately and effectively implement the Supreme Court decision
ordering an end to the cash withdrawal limits imposed by banks because such
restrictions violate citizens’ right to freely use their property.”
SERAP also urged him “to disclose the
measures that your government is taking to direct the CBN to immediately
re-circulate the old N200, N500, and N1,000 notes, as ordered by the Supreme
Court.”
In the letter dated 4 March, 2023 and
signed by SERAP deputy director Kolawole Oluwadare, the organization said,
“There is an overriding public interest in disclosing the details of the
measures your government and the CBN are taking to effectively and
satisfactorily obey the Supreme Court decision.”
According to SERAP, “Disclosing the
measures that your government and the CBN are taking to implement the Supreme
Court decision would also enable Nigerians to monitor and scrutinize the level
of compliance with the decision.”
SERAP said, “The public should not be kept
in the dark on what your government and the CBN are doing to implement the
decision. Widely publishing the implementation measures would also improve
accountability of state officials and public confidence in the rule of law and
Nigeria’s democracy.”
The Supreme Court last week extended the
validity of the old N200, N500, and N1,000 Naira notes till 31 December,
stating that the CBN must continue to receive the notes from Nigerians. The
Court held that the president’s directive on the redesign of the new notes
without due consultation is invalid.
The letter, read in part: “We would be
grateful if the requested information and recommended measures are implemented
within 7 days of the receipt and/or publication of this letter. If we have not
heard from you by then, SERAP shall take all appropriate legal actions to
compel your government to comply with our requests.
“The implementation by your government of
the CBN policy on the redesign of the country’s currency has contributed to
violations of citizens’ rights.
“SERAP is concerned about the persistent
disobedience of court orders by your government, and the apparent lack of
respect for constitutional and international rule of law obligations.
“Nigerians are entitled to the details of
the level of compliance by your government and the CBN with the Supreme Court
decision as a matter of transparency, justice and the rule of law.
“The Nigerian Constitution, Freedom of
Information Act, and human rights treaties to which the country is a state
party rest on the principle that citizens should have access to information
regarding their government's activities.
“Your government has the legal duties to
act as ordered by the Supreme Court, and consistent with the provisions of the
Nigerian Constitution, the CBN Act, and the country’s international obligations.
“Our requests are brought in the public
interest, and in keeping with the requirements of the Nigerian Constitution
1999 [as amended]; the Freedom of Information Act; the CBN Act, and the
country’s international obligations including under the African Charter on
Human and Peoples’ Rights.
“According to our information, the Supreme
Court has extended the validity of the N200, N500, and N1,000 Naira notes till
31 December, and directed that the CBN must continue to receive the old notes
from Nigerians.
“The Court held that your directive for the
redesign of the new notes and withdrawal of the old notes without due
consultation is invalid.”“The Court also stated that the disobedience of its
interim order of 8 February that the old N200, N500, and N1,000 notes should
continue to circulate alongside the new ones makes Nigeria’s democracy look
like a mere pretension while democracy is replaced with autocracy or
dictatorship.
“The Supreme Court also ruled that the cash
withdrawal limits imposed by banks as a result of scarcity of currency notes in
circulation is illegal, as it amounts to impermissible restriction on citizens’
right to freely use their property.”
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