THE CABLE
With the recent judgment of the supreme court on the naira redesign policy, the powers of Nigeria’s president may have been pruned.
Three northern states – Kaduna, Kogi and Zamfara – had filed a suit against the federal government challenging the implementation of the policy.
On February 8, the supreme court restrained the CBN from giving effect to the deadline on the use of old notes following an ex parte application brought by the three states.
The deadline was initially January 31, 2023, but it was extended to February 10, 2023.
Thirteen other states would subsequently join the suit as co-plaintiffs. The states argued that the implementation of the policy has caused untold hardship for Nigerians.
Abubakar Malami, the attorney-general of the federation (AGF), who is the sole respondent, had, however, filed a preliminary objection, arguing that the court lacked the jurisdiction to preside over the matter.
‘HARDLY A DIVIDING LINE’ BETWEEN FG AND THE FEDERATION
On the issue of jurisdiction, the AGF argued that the states challenged the action of the president as head of the executive arm and not the act of the federation or the Federal Republic of Nigeria and that such disputes should be adjudicated at the federal high court.
However, the apex court in its judgment held that there is “hardly a dividing line between the acts of the government of the federation and the acts of the federation”.
“The distinction does not exist to the extent of turning the government of the federation into a sovereign that can act without regard to the federation,” the court held.
The court explained that the federal government was created by the constitution for the purpose of exercising the executive powers of the federation.
“The directive by the president by virtue of his office as such president and head of government of the federation is in exercise of the executive powers of the federation vested on him or her by virtue of S.5(1) of the 1999 constitution,” the court said.
“The government of Nigeria is, therefore, an agent of the Federation of Nigeria as it exercises the executive powers of the federation on behalf of the federation or Federal Republic of Nigeria for its benefit and wellbeing.”
SOVEREIGNTY BELONGS TO THE PEOPLE
Having established that the federal government is an agent of the federation, the supreme court held that sovereignty belongs to individuals who make up the federation.
