GOVERNORS Rotimi Akeredou and Abdullahi Ganduje have towed the steps of their counterparts from Kaduna, Zamfara and Kogi states, by dragging the Federal Government to the Supreme Court over the daily cash withdrawals limit policy introduced by the Central Bank of Nigeria (CBN).
Akeredou filed the suit, yesterday, through an originating summon filed by the State Commissioner for Justice and Attorney-General, Charles Titiloye.
In the originating summons, the suit said the “limitation of daily cash withdrawal at banks since the introduction of the newly redesigned naira has generated tension nationwide owing to the scarcity of the new notes.
The governor urged the apex court to declare that the Federal Government cannot, by a directive issued through the CBN, “amend or vary an existing act of the National Assembly, particularly section 2 of the Money Laundering Act, which relates specifically to limitations on cash withdrawals for individuals and corporate organisations to N5 million and N10 million, respectively”.
He is also demanding that the “Supreme Court decide whether the guidelines issued by the government on maximum daily cash withdrawal and the hardship caused by the implementation of the policy were not in conflict with the provision of section 2 of the Money Laundering Act, sections 20, 39 and 42 of the CBN Act.
“The guideline on daily maximum cash withdrawal made by the national government is an infraction on the legal rights of the Ondo government and its citizens to access funds for execution of developmental projects, small credit facilities to petty traders (who have no account in banks) and highly detrimental to daily commercial activities in the state,” part of the summons read.
MEAWNHILE, the Kano State Attorney General, through his lawyer, Sunusi Musa, is arguing that President Muhammadu Buhari cannot direct the CBN to recall the old N200, N500 and N1,000 banknotes without first consulting the Federal Executive Council and the National Economic Council.
The Kano government is seeking a court order to reverse the Federal Government’s policy of recalling these banknotes, citing the adverse impact it would have on the economic well-being of over 20 million Kano citizens.
It also seeks a mandatory order to compel the Federal Government to reverse the naira redesign policy, alleging that it violates the 1999 Constitution.
Additionally, the Kano government is asking the Supreme Court to mandate the Federal Government to reverse the cash swap policy, claiming that it does not comply with the 1999 Constitution and other relevant legislation.
“A Declaration that on the combined reading of the provisions of the Section 148(2) of the 1999 Constitution and Part 1, and Paragraph 19 of the Third Schedule thereof, the President cannot unilaterally, without recourse to the Federal Executive Council and National Economic Council respectively give approval to the Central Bank of Nigeria for the implementation of cash withdrawal limit pursuant to the demonetization economic policy of the Federal Government of Nigeria,” the suit read.
In the originating summon, the Kano State Government further prayed for a declaration that the president’s directive to the CBN for the implementation of cash withdrawal limits policy pursuant to the demonetisation of the Federal Republic of Nigeria without recourse to FEC and NEC respectively is unconstitutional, illegal, null and void.
The applicant is also praying for a mandatory order reversing the policy of the Federal Government on the recall of old currency notes for alleged failure to comply with the provisions of the Constitution and other extant legislation.
The lawsuits follow an earlier suit filed by the Governors of Kaduna, Kogi and Zamfara States against the Federal Government asking the court to stop the deadline for the cash swap imposed by the CBN.
According to their lawyer, the policy had caused untold hardship to citizens of their respective states.
