Two Public Interest lawyers, Ayodele Ademiluyi Esq. and Aare Oladotun Hassan Esq. have begun moves to file fundamental rights action against President Muhammadu Buhari’s administration over the crisis arising from the cash swap policy of the Central Bank of Nigeria.
The suit jointly signed by 11 lawyers and issued on Thursday is also seeking the removal of restriction of time for the exchange of old naira notes with new notes based on Section 20(3) of the Central Bank of Nigeria Act, 2017.
The suit jointly signed by 11 lawyers and issued on Thursday is also seeking the removal of restriction of time for the exchange of old naira notes with new notes based on Section 20(3) of the Central Bank of Nigeria Act, 2017. Joined to the action are the President of the Federal Republic of Nigeria; Attorney General of the Federation, Minister of Finance; Governor of the Central Bank of Nigeria, Mr. Godwin Emefiele; Central Bank of Nigeria and the National Assembly as Respondents.
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. But at the time of filing this report, the matter has yet to be assigned.Part of the statement reads, “Where the questions are resolved in favour of the Applicants, the Applicants seek against the Respondents jointly and severally the following reliefs:
“A DECLARATION OF THIS HONOURABLE COURT that the deadline for exchange of old naira notes with new naira notes on 31st January, 2023 by the 6th Respondent, under the leadership of the 4th Respondent, occupied at the moment by the 5th Respondent, under the overall command of the 1st and 3rd Respondents without adequate and commensurate availability of the new naira notes by the 6th 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).
”The suit is also seeking an order of the court “compelling the 6th 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 10th day of February, 2023 and 17th February, 2023. “AN ORDER OF THIS HONOURABLE COURT restraining the 1st, 2nd 3rd, 4th, 5th and 6th 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 10th February, 2023 and 17th February, 2023 any other such dates by the 6th Respondent, under the leadership of the 3rd Respondent, occupied at the moment by the 4th Respondent, under the overall command of the 1st Respondent.”
