The President, Major General Muhammadu Buhari (retd.), squandered yet another golden opportunity to bond with Nigerians and create a lasting legacy in the final days of his administration. has established his anti-democratic standing. In essence, in a morning broadcast on Thursday, he flagrantly disobeyed a Supreme Court order requiring the Central Bank of Nigeria to keep the old N200, N500, and N1,000 banknotes in circulation until February 22 in order to exacerbate socioeconomic tensions in the country. This sets a very dangerous precedent, and the repercussions will only lead to an additional assault on the unstable democracy of Nigeria.
The Supreme Court had issued a second interim injunction preventing the Federal Government and the Central Bank of Nigeria (CBN) from implementing the February 10 deadline for rejecting the old banknotes on the eve of Buhari’s incendiary broadcast. Buhari abruptly disobeyed the order rather than waiting for the matter to be decided by the nation’s highest court. According to noted academic Ludwig von Mises, this poses a flagrant threat to the rule of law and “… prevents the rulers from turning themselves into the worst gangsters.”
The CBN and numerous state governors have adopted this evil example. Another blow has been dealt to the country’s weak rule of law, which has been weakened for a long time under Buhari’s leadership.
“To further ease the supply pressures, especially to our citizens, I have given approval to the CBN that the old N200 bank notes be released back into circulation and that it should also be allowed to circulate as legal tender with the new N200, N500, and N1,000 banknotes for 60 days from February 10, 2023 to April 10, 2023 when the old N200 notes ceases to be legal tender,” Buhari stated in his defiant broadcast. By that profession, he caused viciousness for the rule of the partition of abilities of the three arms of government and the established arrangement of governing rules.
His action is disrespectful to the judiciary and is yet another attack on the rule of law, which is the foundation of democratic societies. The 1999 Constitution that Buhari swore to uphold should be stopped.
In a democracy, the significance of the rule of law is established. The famous English jurist Lord Denning once said, “Be you ever so high, the law is above you.” A general who went on to become the 34th President of the United States, Dwight Eisenhower, echoed this: There is no longer a choice between force and law in the world; Civilization must choose the rule of law if it is to survive. Nigeria must adhere to this.
Kogi, Kaduna, and Zamfara states initially approached the Supreme Court to extend the deadline for the acceptance of old and scarce new banknotes, claiming it had caused hardship. As the pain caused by the haphazard implementation of the policy spirals out of control, seven additional states have joined the lawsuit. Buhari brushed this off.
He failed the test of leadership once more at a crucial time due to his arrogance. He stoked the fire instead of calming the crowd with words or reassuring them. Disobedience to court orders is common under him. Between 2015 and 2018, the regime refused to free the former National Security Adviser Sambo Dasuki six times. Despite the court’s repeated requests for his release, Shi’ite leader Ibrahim el-Zakzaky’s fate was the same.
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Numerous state governors and other officials are breaking the law, and lawlessness is spreading like wildfire. Amnesty International had alleged that Agba Jalingo’s prosecution had been manipulated by the Buhari administration and the Ben Ayade-led Cross River State Government. In August 2019, Jalingo was bizarrely charged with “treason” after his medium, CrossRiverWatch, published a story claiming the governor diverted public funds.
Governors Nasir el-Rufai of Kaduna and Abdullahi Ganduje of Kano, who for political reasons are leading the effort to comply with the Supreme Court’s order on the naira policy, have disobeyed court orders at various times.
Despite a pending court case, the Kaduna State Urban Development Agency demolished a political rival’s property in 2017; There, the Durbar Hotel experienced the same fate. The governor of Kano disregarded a directive from the Kano High Court preventing him from appointing four new emirs and putting into effect the division of Kano into five emirates in May 2019. This is executive lawlessness, a culture of ephemeral public officials acting with arrogance.
However, the judiciary ought to learn a hard lesson from this. There are claims that judges have become friendly with legislators and executive officers behind closed doors. Additionally, the courts have been issuing contradictory rulings that astonish both lawyers and laypeople because they use technicalities to confuse justice.
The judiciary ought to work hard to regain its lost authority while maintaining its aura of independence. This aura was maintained by the judiciary even under military rule. The Nigerian judiciary then gained a great deal of international esteem. The late Akinola Aguda was appointed Botswana’s first African Chief Justice in 1972. From 1983 to 1992, The Gambia’s Chief Justice was Emmanuel Ayoola.
Numerous issues have polarized Nigeria during Buhari’s eight years in office; His monetary policy intervention has increased unprecedented poverty. Despite the policy’s noble intentions, its terrible implementation has brought about hardship and unrest.
Buhari ought to right his wrongdoing. Realizing that he cannot act outside of the authority granted to him by the 1999 Constitution in a democracy, he ought to allow the judiciary to render its verdict. The assault on the rule of law must be resisted by all stakeholders.