Rasheed Adegoke, a Senior Advocate of Nigeria in this interview with SOLOMON ODENIYI speaks on the continued disregard for Supreme Court orders on the new naira policy by the President, Major General Muhammadu Buhari (retd.) and Central Bank of Nigeria Governor, Godwin Emefiele
Five days after the pronouncement of Supreme Court that the old notes should circulate till December 31, the CBN, and Buhari have yet to comply. What do you make of this?
It is still part of the exhibition of lawlessness we have been complaining about. I will also blame the Attorney General of the Federation. He is the chief law officer of the government and one of his duties is that the decisions of courts are immediately put to execution. But when we have an AGF violating the decision of court, he forgets that he would leave office one day and would need that same judiciary to run to. It is very painful that their actions have made lesser institutions pattern their conduct on the lawlessness of the executive, which is why ordinary bankers can now claim they have not received a memo and would not obey the order of a supreme court.
What is a memo when there is an order from the Supreme Court? Will the CBN decide to punish them for obeying the order of the court? And should the memo not come from the CBN then banks would not obey an order from the supreme court? So what do we make of our courts? And the day they are being arrested they would run to the same court to seek justice? Is this not an indolent way of thinking? The proper thing now is for the masses to rise against any bank not obeying the supreme court order and ensure the order is enforced.
Can citizens under the law enforce this order?
Yes, they can by shutting banks that refuse to cooperate. All institutions including citizens are mandated to enforce the decision of not only the Supreme Court but all courts. The masses can also mobilise massively when the executive arm of government chooses to be reckless and lawless and shut down such a bank. You will then see that they would immediately comply.
You seem to be bothered about the banks. What about the CBN?
The man at the helm of affairs at the CBN has been acting in an unacceptable manner. Who does he think he is? What does he want to turn the country to? By now, he should be in jail for his total disregard for the rule of law in the country. It is sheer insanity for anyone not to obey the order of the apex court.
While delivering the judgment, Justice Emmanuel Agim held that the disobedience of the Supreme Court’s earlier order on the new notes made the country’s democracy become a mere pretension and it is now replaced by autocracy or dictatorship. What do make of such words?
They are not harsh on the President in any form whatsoever. It is the duty of the court not just to deliver judgments but to make sure it chastises anybody who is not obeying the rule of law or who is violating court orders. When you look at it during the time of the military in the 1980s and 1990s, the Supreme Court did not mince words in condemning the military governor of Lagos state when he took over the properties of Odumegwu Ojukwu while the case against the military government was pending in court. The courts described the act of the governor as executive lawlessness and recklessness. No word could be bigger. The words used by the Supreme Court in this instance are milder because when they say somebody is lawless, the implication is that the person is living in an archaic world. It is weightier to use such words. To that extent, when you now look at the decision of the Supreme Court against Buhari on the issue of the Naira redesign, Supreme Court is the highest court of the land, it is a policy court as well as a court of law and when it feels that there is certain attitude from the executive which may be violating the rights of the citizens, it is the duty of the court to give a pronouncement on it. The court may be right or wrong. Even if the court is wrong being the highest court of the land, it is an infallible court, it is not infallible because it is final but it is final because it is infallible. It is the last court of the land and whatever it pronounces it is in the interest of the nation and every party in the case must comply. But it is unfortunate that a government that had benefited from this court’s pronouncement has refused to obey. Let me cast your mind back to 2019 when Atiku Abubakar went to court to challenge the reelection of Buhari. The Supreme Court ruled in accordance with what it understood to be the law. For such a person who has remained in his office courtesy of the judiciary decision, it is out of place for the government to disrespect the judiciary.
It is mandatory for the President and institutions of the land to obey pronouncements of the court, no matter how small, not to talk of the highest court of the land. The implication is that the court has taken note of the penchant of the President for disregarding court orders.
Do you think this would have an impact on our democracy and jurisprudence in the country?
Yes, it does. It will show that through the act of the president, that respect for the rule of law is an option. That should not be. You know that is not consistent with what we know to be the rule of law, what we all know to be the principle of separation of power, and what we respect as a civilization in modern dispensation. Do not forget that we do not have a monarchical system of government in place in the country. Even in some countries practicing the monarchy system of government, there is a dilution with pro-democratic institutions and practices to an extent, the queen and kings are no longer ultimate; they are under the law and that is the essence of the rule of law. No one should be above the law, that is what would show us to be human and not animals. We are not in the lord of the ring kind of society. It is incumbent on the president and other institutions to obey court orders.
Is there anything that could be done as a form of retribution to the President to serve as a lesson for others coming behind who might want to tread the same path?
There is. These are impeachable offences. In a sane society when an incumbent is totally disregarding the rule of law and court orders, the national assembly would have commenced impeachment procedures. And when such acts would affect the fundamental rights of the citizens the court might set aside such acts and when he leaves office, he might be exposed to prosecution for violations committed while in office. The president does not enjoy immunity for life and that is one of the ways we can start to establish institutions in the country. In Nigeria, we only have strong men and weak institutions. it behoves the three arms of government and other institutions under them to work together to ensure the establishment of strong institutions in the country. A good example was when Donald Trump refused to leave the government house and wanted to carry on in defiance of Americans’ decisions. All the institutions withdrew from him without anyone giving specific instructions. Right now, Asiwaju Bola Tinubu has been declared the winner of the just concluded election, the next thing is that certain paraphernalia of office should be shifting towards him. Buhari by now should be seen that he is being denuded of these things; with this he would not continue to see himself as the ultimate that can do no wrong.
Politicians Frustrating Nigerians, Another Protest Worse Than Endsars Looms — Aisha Yesufu
Popular socio-political activist, Aisha Yesufu, has said corrupt politicians in Nigeria are frustrating the masses, which can lead to another nationwide protest.
Yesufu said the anger burning in the hearts of Nigerians may sponsor another protest hotter than the one experienced in 2020 tagged ‘EndSARS’.
In 2020, Nigerians staged demonstrations across the nation to call for the end of the police unit, the Special Anti-Robbery Squad, SARS, notorious for brutalising youths.
The protest, which started on Twitter (now X), resulted in mass demonstrations occurring in all major cities of the country and accompanied by violence.
It led to the death of many young Nigerians, especially after military personnel shot at peaceful protesters at Lekki Toll Gate, Lagos.
Yesufu, the co-convener of the BringBackOur Girls, who was one of the activists at the centre of the protest, said Nigerians might just be caught unaware in another demonstration.
She made this known via X account, writing: “Nobody saw the #EndSARS protest coming. Nobody will see the next uprising coming.
“Sadly, it might end up being violent. There is simmering anger fuelled by the impunity and brazenness of the corrupt politicians and rulers, who have rigged their way into power. Nobody will be spared.”
Decision Day In Imo, Bayelsa, Kogi: INEC Affirms Readiness, DHQ Uncovers Plot To Cause Mayhem
• There will be injurious consequences, DHQ warns unknown gunmen
• ICPC deploys operatives to prevent vote-buying
• Police read riot act, warn perpetrators of violence, sponsors
The Defence Headquarters (DHQ) has said there are intelligence reports of plans by desperate politicians to cause violence with hoodlums wearing military uniform.
Responding to questions from newsmen at the bi-weekly briefing in Abuja yesterday, Director, Defence Media Operations, Major General Edward Buba, issued a stern warning to gunmen planning to disguise in military wears to cause violence during Saturday’s off-cycle governorship elections in Kogi, Imo, and Bayelsa states.
He warned that there would be injurious consequences for their actions, adding that the Nigerian military will not fold its arms and watch its image dragged into the mud during Saturday’s election.
He issued the warning while briefing journalists on military operations to counter threats of terrorists, bandits/kidnappers, oil theft perpetrators and other forms of insecurity across the country.
“For the off-season elections in Bayelsa, Imo and Kogi states this weekend, here is a message for you. The military is deployed in strength for the election to create a safe environment for voters to peacefully come out and cast their votes.
“However, we are aware of plans of some people to disguise themselves in military gear to orchestrate havoc and disrupt elections in some areas. Our message to such a group is that there will be injurious consequences for such an action,” he said.
The Independent National Electoral Commission (INEC) on Thursday, distributed electoral materials to all 27 Local Council Areas of Imo State ahead of tomorrow’s governorship election. The distribution took place at the Central Bank of Nigeria (CBN) branch in Owerri. The electoral materials distributed were Bimodal Voter Accreditation System (BVAS) machines, ballot papers and result sheets for the polls.
Speaking to newsmen on the movement of the electoral materials, the Southeast National Commissioner, Kenneth Ukeagu, said INEC was ready for the election, adding that the election would go freely as INEC officials have been trained properly to do the needful. He also urged the electorate to come out en masse and participate in the election.
According to him, “we are ready for the election. We are distributing sensitive materials to all the LGAs in the state because elections will take place in all the LGAs in the states. We have received assurance from the security agents for providing adequate security during and after the election. On our part, we are ready and on top of our plans. The people of the state have to come out on Saturday and elect a governor of their choice.”
The Independent Corrupt Practices and Other Related Offences Commission (ICPC), yesterday announced that it had deployed its operatives to monitor Saturday’s election in Bayelsa, Imo, and Kogi.
Spokesperson of the commission, Mrs Azuka Ogugua, stated that ICPC operatives had been deployed in the 56 local government areas and 649 wards in the three states to monitor and prevent vote-buying and other electoral malpractices at the various polling units during the electoral exercise.
The monitoring exercise, according to her, was a response to the invitation by the INEC Chairman, Prof. Mahmood Yakubu, for ICPC to participate in ensuring that the electoral processes in these states are free and fair.
Ogugua charged operatives to strictly adhere to the ICPC guidelines for monitoring elections, adding that they should always act with discipline and imbibe the spirit of integrity while on the field, while adding that the operatives stay close to each other and work as a team to achieve the desired goal.
There are fears that distribution of materials by INEC, threats and counter threats by Biafra agitators may challenge tomorrow’s governorship election in Imo. Aside from fears of availability of commercial drivers to convey sensitive and non-sensitive materials to the flash spots, factions of the Biafra agitators are speaking differently about the exercise.
Already certain spots, including Ohaji/Egbema, Oguta, Orsu, Ihitte Uboma, Isiala Mbano, Okigwe local councils of the state have been identified as dark spots.
A faction of the agitators, led by Simeon Ekpa, asked residents to stay away from the election, while the Nnamdi Kanu-led Indigenous People of Biafra (IPOB) urged residents to go and vote, threatening to deal with any INEC official caught conniving with politicians to rig the election.
“All those employed and drafted to various polling units to help rig this election will be doing so to their own and family risks; their families must call them to order or they all will sorely regret having participated in this election. Anyone that enthroned evil on the people deserves no mercy. IPOB eyes are at every corner in the state monitoring the activities of political jobbers and criminals”, IPOB said in a statement by its spokesperson, Emma Powerful.
The Inspector General of Police (IGP), Kayode Egbetokun, has deployed the Deputy Inspector General (DIG), in charge of Training and Development, Frank Mba, to oversee the election with assurance of protection of lives and property.
Mba has arrived in the state. No fewer than 2,300 soldiers and other security personnel, and other para-military officials are to guard the exercise at various parts of the state.
On Thursday, the Commissioner of Police in Enugu State, Kanayo Uzoegbu said the command was moving 1,500 men to Imo state. He stated that the idea was to boost security and ensure free and fair exercise at the end of the day.
INEC has assured of enough ad-hoc staff to carry out election duties in the prone dark spots. The Commission has deployed nine Resident Electoral Commissioners (RECs), to assist the Imo REC, Prof. Sylvia Agu, in ensuring transparent elections.
Meanwhile, Head of Mission, International Organisation for Sustainable Development (IOSD), Dr. Timothy Ihemadu, told The Guardian, on Thursday, that they were concerned about heightened tension in six local government areas of the state, which are volatile.
“If citizens are not confident of their right to vote, the right to be voted for and free and fair atmosphere, in terms of security, it limits their confidence and fundamental right to vote.
“We want security deployed to protect the people and not to intimidate them. The security personnel should be professional and must understand the importance of human rights policing that seeks to protect the people first to avoid voter apathy.
“The NLC order as it concerns Imo and the blackout and air travel is anticipated to affect smooth conduct of the election as the importance of electricity to power election gadgets cannot be over emphasized, as well as arrival of critical personnel who may be challenged to arrive at their duty post”, he stated.
Amid the heightened tension created by alleged stockpiling of arms in Bayelsa and invasion of thugs from neighbouring states, the police, yesterday vowed to arrest and prosecute perpetrators of violence and their sponsors in Bayelsa.
The palpable tension, which is already causing apprehension in the state, was further heightened by the two major contenders and political stakeholders who continue to trade accusations over alleged plans to perpetrate violence.
Addressing a stakeholders’ meeting yesterday at the Police Officers Mess, Yenagoa, the DIG in charge of Saturday’s election, Sokari-Pedro, while assuring that the IGP, Egbetokun, is totally committed to the free, fair, safe and unhindered democratic atmosphere during the election, warned that no electoral offender will be spare.
He stated that though Bayelsa is a peaceful state, the three Senatorial zones are all volatile when it comes to election, while some local governments have already been identified as flashpoints.
“Officers have been directed to carry out a show of force, all the perpetrators of violence be put out of circulation and their sponsors, any civilian that is armed at any polling centre shall be arrested and failure to do that by the police, the police themselves or the sister agent who is responsible for such a lapse will be arrested.
“Any orderly or guard that escorts his principal to the polling centre shall be arrested and thereafter tried in the orderly room, in this case, if care is not taken, may lead to his dismissal.”
In Kogi, INEC reiterated that it is fully ready for the election. Speaking during a critical stakeholders’ meeting preparatory to the election, the INEC chairman, Yakubu said the commission is fully ready for the election. National Commissioner in charge Kogi, Kwara and Niger states, Prof. Sani Mohammed Adam, who spoke on behalf of the chairman, noted that sensitive and non-sensitive materials are on ground.
Given the volatile nature of election conduct in the state, the IGP, Egbetokun warned trouble makers to relocate from Kogi before Saturday. He also warned politicians and the electorate to allow security agents deployed to the state to do their jobs without being subjected to blackmail.
Already, 40,000 policemen and 3,000 men of the civil defence corps have been deployed to the state for the election, in addition to the heavy deployment of military that will complement the efforts of other security agencies.
Meanwhile, the Kogi State governor, Yahaya Bello has urged the operatives of the Nigerian Police and other sister agencies to ensure adherence to professional conduct during the Saturday polls. He noted that his party, APC in Kogi State, holds a track record of peaceful electioneering. The governor was speaking when he received the Inspector General of Police, on Wednesday.
The Inter Party Advisory Council (IPAC) on Thursday, called on INEC to work diligently to reaffirm citizens’ confidence. IPAC also called on citizens in the three states to come out en-masse to exercise their rights to vote.
National Chairman of IPAC, Yabagi Sani, said IPAC has introduced an innovative intervention through Election Results Management System (ERMS), which was recently brought to the attention of INEC Chairman, all 19 National Chairmen and political party candidates.
Sani said: “Choosing leaders based on merit, vision, and their potential impact on the community is vital. Citizens should prioritize candidates who genuinely represent their interests and are committed to the welfare and development of their respective States. By doing so, they can ensure that their votes lead to the election of leaders, who will work towards the betterment of their lives and communities
“Citizens should be proactive in shaping the future of the nation. Grassroots involvement is fundamental to the success of any democracy. By disregarding the negative tactics of political actors and focusing on making informed choices, citizens can contribute to the establishment of a robust and accountable democratic system in Bayelsa, Imo, and Kogi by their conduct in the forthcoming election.
“The involvement of security agencies in the electoral process must be based on professionalism, neutrality, and a commitment to the defense of our democracy, rather than partisan interests. The citizens must feel secure in their participation in the electoral process, knowing that their safety and security are assured.”
113 Terrorists Eliminated, 300 Others Arrested In One Week – DHQ
The Defence Headquarters says the troops of the armed forces have eliminated 113 terrorists and apprehended 300 others in different operations in various theatres across the country in the last one week.
The Director, Defence Media Operations, Maj.-Gen. Edward Buba, said this while briefing journalists on the operations of the armed forces on Thursday in Abuja.
Mr Buba said the troops also apprehended 25 perpetrators of oil theft, rescued 91 kidnapped hostages and recovered 129 assorted weapons and 717 assorted ammunition within the period.
In the North East, he said the troops of Operation Hadin Kai, while conducting fighting patrols, arrested BH/ISWAP logistics suppliers in Kukawa, Damboa, Monguno and Konduga Local Government Areas of Borno.
The defence spokesman said the troops eliminated 17 Boko Haram/ISWAP terrorists, arrested 16 and rescued six kidnapped hostages, as well as recovered different calibres of arms and ammunition during the period.
He added that the air component of Operation Hadin Kai had, on Nov. 2, engaged terrorists hibernating in the Degbewa area, where several of them were neutralised and had their logistics destroyed.
In the North Central, Mr Buba said the troops of Operation Safe Haven conducted cordon and search operations in parts of Kaduna and Plateau States, killing five terrorists, arresting 14 and rescuing 15 kidnapped hostages.
He added that troops of Operation Operation Whirl Stroke conducted a raid operation at suspected criminal hideouts in parts of Nasarawa, Benue and Plateau States, neutralising two terrorists, arresting 10 and rescuing three kidnapped hostages.
In the North-West, Mr Buba said the troops of Operation Hadarin Daji neutralised 30 terrorists, arrested seven others and rescued 31 kidnapped hostages in Katsina, Kebbi and Zamfara States during the period.
He said the troops also recovered 15 AK47 rifles, one RPG Tube, five RPG bombs, six hand grenades, five pairs of desert camouflages, 10 pairs of magazine purges, IED-making material, unconfirmed no of ammo and the sum of $16,200.
He added that the air component had, on Nov. 2, acquired and conducted an interdiction at a terrorist leader’s residence in Kankara Local Government Area of Katsina State.
According to him, the terrorist leader known as Badaru had several terrorists hibernating at the residence who were neutralised in the air strikes.
“Troops of Operation Whirl Punch conducted an offensive operation against terrorists in Birnin Gwari and Chikun Local Government Areas of Kaduna State, neutralising 23 terrorists, arresting 83 suspects and rescuing four kidnapped hostages.
“Troops recovered 12 AK47 rifles, two pistols, one unserviceable AK47 rifle, 141 rounds of 7.62mm special ammo, one magazine, one motorcycle and three mobile phones,” he said.
In the Niger Delta region, Buba said the troops of Operation Delta Safe denied oil thieves an estimated sum of N571.7 million during the week.
He said the troops discovered and destroyed 76 dugout pits, 35 boats, 95 storage tanks, 10 vehicles, 129 cooking ovens, five pumping machines, 13 speedboats, six outboard engines, one vessel, three motorcycles and 49 illegal refining sites.
“Troops recovered 514,640 litres of stolen crude oil, 339,315 litres of illegally refined AGO and 775 litres of DPK,” he said.
In the South-East, Mr Buba said the troops of Operation UDO KA apprehended 10 suspected IPOB/ESN criminals and recovered one GT3 rifle, one locally fabricated pistol, two pump action guns, two dane guns, 30 live cartridges, two motorcycles and one cutlass amongst other items.
“All recovered items, arrested suspects, and rescued hostages were handed over to the relevant authorities for further action,” he added.