Two Public Interest Lawyers File Fundamental Rights Action against CBN over New Naira Notes Crisis

Two Public Interest lawyers, Ayodele Ademiluyi Esq. and Aare Oladotun Hassan Esq. have instituted a fundamental rights action arising from the new naira notes crisis.

Joined to the action are the President of the Federal Republic of Nigeria, Attorney General of the Federation, Minister of Finance, the Governor of the Central Bank of Nigeria, Mr. Godwin Emefiele, the Central Bank of Nigeria and the National Assembly as Respondent .

The suit, marked FHC/ABJ/CS/183/2023 is seeking enforcement of fundamental rights to life , freedom of movement, right to own moveable and immoveable properties which were brutally violated by the deadline set by the Respondents, jointly and severally for 31st January, 2023.

The suit is also seeking for removal of restriction of time for exchange of old naira notes with new notes based on Section 20(3) of the Central Bank of Nigeria Act, 2017.

As at the time of filing this report the matter is yet to be assigned to a judge.

According to the summons the applicants are “praying the Honourable Court for the determination of the following questions:

1.  Whether the 6^th Respondent in exercising its powers to issue currency notes on the provisions of Sections 20(1) and (2)  of the Central Bank of Nigeria Act (2007 as amended) with setting a deadline for 31^st January, 2023 alongside its attendant hardship and agony  and exercising same in violation of the Applicants’ fundamental rights as provided under Sections 33(1),34, 43 and  41, of the Constitution Of The Federal Republic Of Nigeria (1999 As Amended) is not illegal, unconstitutional,  ultra vires, null and void? 
2. Whether the action of the  6^th Respondent in exercising its powers to issue currency notes that shall be legal tender purporting to be  directed to do so by the 1^st Respondent based on the provisions of  SECTIONS 20(3) of the Central Bank of Nigeria Act (2007 as amended) with setting a deadline for 31^st January, 2023 alongside its attendant hardship and agony and exercising same in violation of the Applicants’ fundamental rights as provided under the Sections 33(1),34, 43 and  41 of  Constitution Of The Federal Republic Of Nigeria (1999 As Amended) is not illegal, unconstitutional,  ultra vires, null and void?
3. Whether the action of the  6^th Respondent in exercising its powers to issue currency notes that shall be legal tender without affording the Applicant reasonable notice based on the provisions of  SECTIONS 20(3) of the Central Bank of Nigeria Act (2007 as amended) with setting a deadline for 31^st January, 2023 alongside its attendant hardship and agony and exercising same in violation of the Applicants’ fundamental rights as provided under Sections 33(1),34, 43 and  41 of the Constitution Of The Federal Republic Of Nigeria (1999 As Amended) is not illegal, unconstitutional,  ultra vires, null and void?
4. Whether the 6^th Respondent ought to be compelled by this Honourable Court to act in compliance with Section 22 Of The Central Bank Of Nigeria Act (2007 As Amended) and   Section 1 (3) Of The Banks And Other Financial Institutions Act (2020) to allow the Applicant to redeem old naira notes with new naira notes beyond 10^th day of February  2023, the extended deadline for exchange of the old naira notes for new naira notes and 17^th February, 2023 for redemption of new naira notes?

Where the questions are resolved in favour of the Applicants, the Applicants seek against the Respondents jointly and severally the following reliefs:

1. A DECLARATION OF THIS HONOURABLE COURT  that the deadline for exchange of old naira notes with new naira notes on 31^st January, 2023 by the 6^th Respondent, under the leadership of the 4^th  Respondent, occupied at the moment by the 5^th Respondent, under the overall command of the 1^st and 3^rd Respondents  without adequate and commensurate availability of the new naira notes by the 6^th Respondent for vast majority of Nigerians including the Applicants, thereby restraining legal tender of the old naira notes for exchange of goods and services including food, fuel, groceries and other basic facilities for day-to-day survival  is an infringement of  the right of the Applicant to life as provided under Section 33(1) of the Constitution of the Federal Republic of Nigeria (1999 as amended)

2. A DECLARATION OF THIS HONOURABLE COURT  that the deadline for exchange of old naira notes with new naira notes on 31^st January, 2023 by the 6^th Respondent, under the leadership of the 4^th  Respondent, occupied at the moment by the 5^th  Respondent, under the overall command of the 1^st and 3^rd Respondents  without adequate and commensurate availability of the new naira notes by the 6^th Respondent for vast majority of Nigerians including the Applicants, thereby restraining legal tender of the old naira notes for exchange of goods and services including food, fuel, groceries and other basic facilities for day-to-day survival, thereby subjecting vast majority of Nigerians, including the Applicants  to unwarranted agony and human indignity   is an infringement of  the right of the Applicant to human indignity under Section 34 of the Constitution of the Federal Republic of Nigeria (1999 as amended).

3. A DECLARATION OF THIS HONOURABLE COURT that the deadline for exchange of old naira notes with new naira notes on 31^st January, 2023 by the 6^th Respondent, under the leadership of the 4^th  Respondent, occupied at the moment by the 5^th Respondent, under the overall command of the 1^st and 3^rd Respondents  without adequate and commensurate availability of the new naira notes by the 6^th Respondent for vast majority of Nigerians including the Applicants, thereby restraining legal tender of the old naira notes for exchange of goods and services including food, fuel, groceries and other basic facilities for day-to-day survival, thereby subjecting vast majority of Nigerians, including the Applicants  to access to same is an infringement  of the Applicants’  right to acquire moveable and immoveable properties under Section 43 of the Constitution of the Federal Republic of Nigeria (1999 as amended)

4.  A DECLARATION OF THIS HONOURABLE COURT that the deadline for exchange of old naira notes with new naira notes on 31^st January, 2023 by the 6^th Respondent, under the leadership of the 4^th  Respondent, occupied at the moment by the 5^th Respondent, under the overall command of the 1^st and 3^rd Respondents  without adequate and commensurate availability of the new naira notes by the 6^th Respondent for vast majority of Nigerians including the Applicants, thereby restraining legal tender of the old naira notes for exchange of goods and services including  fuel and be able to pay for movement from one point to other by all means of transportation including air, land and sea  is an infringement of  the Applicants’ right to freedom of movement under Section 41 of the Constitution of the Federal Republic of Nigeria (1999 as amended)

5. A DECLARATION OF THIS HONOURABLE COURT that the failure, neglect and refusal of the 6^th Respondent in setting deadline for exchange of old naira notes with new naira notes on 31^st January, 2023 without adequate consultation and effective cooperation of key stakeholders including but not limited to the 7^th Respondent is a violation of the provisions of the Central Bank of Nigeria Act (2007 as amended) 
6. A DECLARATION OF THIS HONOURABLE COURT that  the 6^th Respondent in exercising its powers to issue currency notes on the provisions of  Sections 20(1) and (2)  of the Central Bank of Nigeria Act (2007 as amended) without meeting the preconditions under Section 20 (3) of the Central Bank of Nigeria Act (2007 as amended) and exercising   same in violation of the Applicants’ fundamental rights as provided under  Sections 33(1),34, 43 and  41  of the Constitution Of The Federal Republic Of Nigeria (1999 As Amended) is  thereto  illegal, unconstitutional,  ultra vires, null and void. 
7. A DECLARATION OF THIS HONOURABLE COURT that  the action of the  6^th Respondent in exercising its powers to issue currency notes that shall be legal tender without being directed to do so by the 1^st and 3^rd Respondents based on the provisions of  Sections 20(3) of the Central Bank of Nigeria Act (2007 as amended) and  exercising  same in violation of the Applicants’ fundamental rights as provided under Sections 33(1),34, 43 and  41  of the Constitution Of The Federal Republic Of Nigeria (1999 As Amended) is thereto  illegal, unconstitutional,  ultra vires, null and void.
8. A DECLARATION OF THIS HONOURABLE COURT that  the action of the  6^th Respondent in exercising its powers to issue currency notes that shall be legal tender without affording the Applicants reasonable notice based on the provisions of  Section 20(3) of the Central Bank of Nigeria Act (2007 as amended) and exercising  same in violation of the Applicants’ fundamental rights as provided under Sections 33(1),34, 43 and  41 of the Constitution Of The Federal Republic Of Nigeria (1999 As Amended) is thereto  illegal, unconstitutional,  ultra vires, null and void.
9. A DECLARATION OF THIS HONOURABLE COURT that the failure, neglect and refusal of the 5^th Respondent, the present occupier of the office of the 4^th  Respondent to appear before the two Houses of the 7^th Respondent, the National Assembly to wit, the House of Representatives and the Senate for  adequate consultation and effective cooperation of key stakeholders before  setting deadline for exchange of old naira notes with new naira notes on 31^st January, 2023, including but not limited to the 7^th Respondent is a violation of the provisions of Section 8 (4) of the Central Bank of Nigeria Act (2007 as amended)

10. AN ORDER OF THIS HONOURABLE COURT compelling the   6^th Respondent to act in compliance with Section 22 Of The Central Bank Of Nigeria Act (2007 As Amended) and  Section 1 (3) Of The Banks And Other Financial Institutions Act (2020) to allow the vast majority of Nigerians including the  Applicants to redeem old naira notes with new naira notes beyond 10^th  day of February, 2023 and 17^th February, 2023.

11.  AN ORDER OF THIS HONOURABLE COURT restraining the  1^st , 2^nd 3^rd, 4^th,  5^th and 6^th Respondents jointly and severally from violating the right to life of the Applicants by  setting  deadline for exchange of old naira notes and restraint of  legal tender of the old naira notes for exchange of goods and services with new naira notes on 10^th February, 2023 and  17^th February, 2023 any other such dates  by the 6^th Respondent, under the leadership of the 3^rd Respondent, occupied at the moment by the 4^th Respondent, under the overall command of the 1^st Respondent .

12. AN ORDER OF THIS  HONOURABLE COURT restraining 1^st, 2^nd, 3^rd, 4^th , 5^th and 6^th Respondents jointly and severally from violating the right of the Applicants to human indignity by proceeding with  the deadline for exchange of old naira notes with new naira notes on 10^th  February, 2023 and 17^th February, 2023 any other such further dates by the 6^th Respondent, under the leadership of the 4^rd Respondent, occupied at the moment by the 5^th Respondent, under the overall command of the 1^st  and 2^nd Respondents  without adequate and commensurate availability of the new naira notes by the 5^th Respondent for vast majority of Nigerians including the Applicant, thereby restraining legal tender of the old naira notes for exchange of goods and services including food, fuel, groceries and other basic facilities for day-to-day survival, thereby subjecting vast majority of Nigerians, including the Applicants  to unwarranted agony and human indignity.

13. AN ORDER OF THIS HONOURABLE COURT restraining the 1^st, 2^nd , 3^rd , 4^th , 5^th and 6^th Respondents jointly and severally from violating the right of the Applicant to acquire moveable and immoveable properties in proceeding with the deadline for exchange of old naira notes with new naira notes on 10^th February, 2023 and 17^th February, 2023  by the 6^th Respondent, under the leadership of the 4^th Respondent, occupied at the moment by the 5^th Respondent, under the overall command of the 1^st and 3^rd  Respondents  without adequate and commensurate availability of the new naira notes by the 6^th Respondent for vast majority of Nigerians including the Applicant, thereby restraining legal tender of the old naira notes for exchange of goods and services including food, fuel, groceries and other basic facilities for day-to-day survival, thereby subjecting vast majority of Nigerians, including the Applicants  from acquiring moveable and immoveable properties. 

14. AN ORDER OF THIS HONOURABLE COURT restraining the 1^st, 2^nd , 3^rd , 4^th, 5^th and 6^th Respondents from violating the right of the Applicants to freedom of movement by proceeding with the deadline for exchange of old naira notes with new naira notes on 10^th February, 2023 and 17^th February, 2023  and any other such further dates by the 6^th Respondent, under the leadership of the 4^th  Respondent, occupied at the moment by the 5^th Respondent, under the overall command of the 1^st and 3^rd  Respondents  without adequate and commensurate availability of the new naira notes by the 6^th Respondent for vast majority of Nigerians including the Applicants, thereby restraining legal tender of the old naira notes for exchange of goods and services including  fuel and be able to pay for movement from one point to other by all means of transportation including air, land and sea  by the Applicants. 

15. AN ORDER OF THIS HONOURABLE COURT OF  INJUNCTION restraining 1^st, 2^nd, 3^rd, 4^th, 5^th and 6^th  Respondents with their agents, assignees, privies and any other persons howsoever described from infringing on the Applicants’ fundamental rights by proceeding with the deadline for exchange of old naira notes with new naira notes on 10^th February, 2023 and 17^th February, 2023 and any other such further dates by the 6^th Respondent, under the leadership of the 4^th  Respondent, occupied at the moment by the 5^th Respondent, under the overall command of the 1^st and 2^nd Respondents  without adequate and commensurate availability of the new naira notes by the 6^th Respondent for vast majority of Nigerians including the Applicants, thereby restraining legal tender of the old naira notes 

16. AN ORDER OF THIS HONOURABLE COURT compelling the  4^th , 5^th and 6^th Respondents with the 1^st and 3^rd Respondents to render account of all expenses incurred in the production of the new naira notes before this Honourable Court.

17. AN ORDER OF THIS HONOURABLE COURT compelling the 4^th , 5^th and 6^th Respondents with the 1^st and 3^rd  Respondents to render the expenditure of the 80 (eighty) trillion naira expended for production of stamp duties as part of the production of the new naira notes.

18. AN ORDER OF THIS HONOURABLE COURT compelling the 1^st, 2^nd , 3^rd , 4^th, 5^th and 6^th  Respondents to pay to the Applicants, the sum of N500,000,000,000.00 [Five Hundred  Million Naira] as general and exemplary damages for the violation of  the  Applicants’ fundamental rights by the 1^st, 2^nd , 3^rd , 4^th , 5^th and 6^th Respondents by setting the deadline for exchange of old naira notes with new naira notes on 31^st January, 2023, thereby restraining legal tender of the old naira notes, by the 6^th Respondent, under the leadership of the 4^th  Respondent, occupied at the moment by the 5^th Respondent, under the overall command of the 1^st and 2^nd Respondents  without adequate and commensurate availability of the new naira notes by the 6^th Respondent for vast majority of Nigerians including the Applicants.

19. AND FOR SUCH OTHER ORDERS as this Honourable Court may deem fit to make in the circumstances.

The process was signed by Ayodele Ademiluyi, Esq.; Aare Oladotun Hassan, Esq.; Ejiro Obareh, Esq; Adedayo Peters, Esq; Femi Fangnon, Esq. and Milinda Millikieng Sunday.

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