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NEW NAIRA: Follow Live Updates from the Supreme Court in Governors Vs President of Nigeria

by Bridget Edokwe · Published February 22, 2023 · Updated February 22, 2023

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NEW NAIRA: Governors vs Federal Government:

LIVE UPDATES:

1. Emmanuel Ukala SAN, KCO Njemanze SAN, Ahmed Raji SAN, O J Onoja SAN, and O J Iheko for Rivers

2. T A Gazali SAN (Ag Director Civil Appeals), B C Udoh (private practitioner on fiat), T D Agbe PSC, and OD Okoronkwo SC for AGF

3. Ukala moves his motion for consolidation

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Gazali informs the court that he is not opposed to the motion but that his defence and PO are currently being filed at the moment

Okoro says ” _as they’re filing it, we’re hearing it_ ”

4. A female lawyer for Abia attempted to draw Their Lordships’ attention to her own motion for consolidation of a suit Abia filed just yesterday

The court refuses to further indulge anybody for consolidation or joinder. That the suit will be heard today

5. Order as prayed

6. A female lawyer for Abia attempted to draw Their Lordships’ attention to her own motion for consolidation of a suit Abia filed just yesterday

The court refuses to further indulge anybody for consolidation or joinder. That the suit will be heard today

7. Original matter called

AU Mustapha SAN, Abdulwahab Ahned SAN, A A Adebiyi SAN, MY Abdullahi SAN, and Adedamola Esq for 1st and 2nd Plaintiffs

8. S T Ologunorisa SAN, Patrick Abbah Esq, Kamala O Fagbemi Esq, and Bolaji Onu for 4th Plaintiff

9. A J Owonikoko, SAN & Ors for 3rd Plaintiff/Applicant

10. S T Ologunorisa SAN, Patrick Abbah Esq, Kamala O Fagbemi Esq, and Bolaji Onu for 4th Plaintiff

11. Shuaib Enejo Abuwa SAN, with Emmanuel, and Divine I for 6th Plaintiff (Cross-River)

Acoustics aren’t favourable. Names may be wrong

12. Tunde Afe Babalola SAN, with Ademola Abimbola, Olamide Adekunle, Tunde Ahmed Adejumo, and Esther Jesudunmo Longe for 7th Plaintiff (AG Ogun State)

13. Sir Charles Titiloye (Attorney-General Ondo State), with F K Salami (Director ADR), and H Falowo (ADPP) for 9th Plaintiff (Ondo State)

Okoro jocularly remarks that if Director ADR is here, why are we here?

14. Ms Georgina Udeh with Adah Usman for 10th Plaintiff (AG Sokoto)

Both are legal assistants to the AG Sokoto

15. Audu SAN, with Patrick Oko, Ginika Ezeoke, Chimezie Ndubuisi, and Ibrahim Abdulsalam for 2nd Defendant

16. 2nd Defendant is Bayelsa

17. Kanu Agabi SAN, O M Atoyebi SAN, Tijani Gazali SAN (Ag. Director, Civil Appeals) and Dr Tukur for 1st Defendant

18. Kenneth Mozia SAN, Emeeka Etiaba SAN, Echezola Etiaba SAN, and Prof Faith Osadolo (SG Edo MOJ) for 3rd Defendant (AG Edo)

19. Emmanuel Ukala SAN, KCO Njemanze SAN, Ahmed Raji SAN, O J Onoja SAN, and O J Iheko

For Plaintiff in SC 222

20. Sir Charles Titiloye (Attorney-General Ondo State), with F K Salami (Director ADR), and H Falowo (ADPP) for 9th Plaintiff (Ondo State)

For Plaintiff in SC 197

21. Same appearance (Gazali SAN et al) for Defendant

22. Sanusi Musa SAN, M J Numa SAN, Aliyi Ibrahim Nassarawa, Abdul Adamu, and Abdulsalam L Saleh

For Plaintiff in SC 200 (Kano)

23. Bola Okpeseyi SAN, T A Gazali SAN, Christian Nevi, Ms Abimbola Akintola, and Jeremiah Agala

For Defendant in SC 200

24. A I Lemu, with M S Abdulazeez (PSC Niger MOJ), Ms Raheematu Usman, and T E Akpa

For Plaintiff in SC 210 (AG Niger)

25. T A Gazali SAN (Ag Director Civil Appeals), B C Udoh (private practitioner on fiat), T D Agbe PSC, and OD Okoronkwo SC for Defendant (AGF)

26. Dr Musa Adamu Aliyu SAN (Attorney-General Jigawa) Aliyu Abdullahu (DDCL MOJ Jigawa), Garba Abubakar, and Obiago Francis Aminu Esq

For Plaintiff in 230 Jigawa

Acoustics didn’t help

27. Prof Abdulkareem Kana SAN (Attorney-General Nassarawa), with E U Aliyu CSC, and RA Umaru SC

For Plaintiff in SC 229

28. Udochi Iheanacho attempts to announce appearance

For Plaintiff in SC 303 (Abia), a suit which has not been Consolidated and was filed only yesterday

Gazali SAN says he is not ready for that so court cannot take it

29. Onigbanjo mentions that Lagos filed its own Originating Summons on Friday, 17 February 2023. That it was this morning he was served with a bunch of documents in which there is no response to his case

Secondly that on Monday 20 February 2023, he filed a motion asking the court to prohibit AGF from further participating in this suit while in contempt. And that the motion he has filed supersedes all others, including Agabi’s preliminary objection

30. Okoro mentions that the judiciary should not be made a scapegoat. And that the way this suit is going, the judiciary will be made a scapegoat

That the court will hear the matter today and all contempt proceedings will be heard today. That in the decision, the court will make appropriate pronouncements and people will know who the scapegoat is

31. Ken Mozia mentions that although all Plaintiffs have been joined, they still filed 8 different processes which he must contend with and all of which he has not filed responses to

Augie and Okoro tell him that Plaintiffs’ processes are essentially the same and if he responds to one, its a response to the other. That he can adopt the filed one for the ones not filed

32. Tunde Afe Babalola SAN mentions that at the last date, Defendants were told to file their processes by Monday. They did not. They served today. This morning. As such he needs to respond because there are preliminary objections raised

Okoro says there’s nothing there that he cannot respond to today

Augie says of he continues this way, Ogun State will be dropped from the case and the matter will proceed with the others

Babalola SAN withdraws his point

32. Okoro mentions that court will let counsel peruse processes and prepare a response. Court rises

……..

33. Court has reconvened

34. Following her persistence, Court accommodates Udochi Iheanacho as counsel to

For Plaintiff in SC 303 (Abia),

Gazali not opposed so matter is Consolidated

35. Ms Udochi Iheanacho, Ms N N Akinola (Dir Civil Litigation Abia MOJ), Chinedu Amananba PSC Abia MOJ

36. Hearing has started. Updates won’t be verbatim

37. AU Mustapha identifies his processes – amended originating summons filed on Friday 17 February 2023, further affidavit of 21 February 2023, substantive reply on points of law filed on 21 February 2023, as well as counter and written address in opposition to 1st Defendant’s PO both filed 21 February 2023. He also identifies Plaintiffs’ affidavit of Defendants’ non-compliance filed this morning (22 February 2023)

38. Also identifies his response to PO filed by Bayelsa State (2nd Defendant)

39. He adopts all processes in urging the court to dismiss the POs (on grounds in the processes and for their contempt of court), resolve all issues in Plaintiff’s favour, and grant all reliefs sought

40. Owonikoko SAN identifies his application filed on 17 February 2023 seeking to set aside PMB’s directive issued on 16 February 2023 (after the last adjourned date)

Application supported by 12 grounds, a 5-paragraph affidavit, and a written address

He identifies the reply addresses filed in 21 February 2023 in response to 1st and 2nd Defendants’ respective responses to his application

He adopts the processes and fully adopts all processes filed by A U Mustapha SAN

41. Okoro asks “when we set aside the President’s speech, what will happen?”

Owonikoko says the application seeks further orders as Their Lordships deem fit. That the order is just to set aside paragraph 16 of the speech

He refers to a cited case where even where a person buried his father in contravention of a High Court order, SC required him to go exhume his father

That if the SC could do that for a HC matter, how much more for an order of SC in full court

42. That SC is the only body referred to as supreme in CFRN. That not even the president is supreme – he is just Commander in Chief

Okoro jokes that in the next constitutional amendment, President should be made Supreme Commander in Chief

43. Owonikio finally urges S17 of CFRN on Court. Which is that government policy should be humane. He argues that the section needs no further legislation and should be given effect by the Court. He rests

44. Ologunorisa abides by previous positions

45. Onigbanjo refers to his Originating Summons filed on 17 February 2023. He also identifies his motion filed on 20 February 2023 for an order prohibiting the Defendants and their principal from participating in this suit until they comply with the order of court. Identifies his supporting affidavit and written address which he adopts

With apologies, he also identifies his further affidavit on 17 February 2023

He mentions that the distinguishing characteristic of his suit is that he seeks reliefs that concern the Government of Lagos State and not its residents

He mentions that there is no affidavit or legal response to his suit. He urges the court to grant the reliefs as prayed in the originating summons of 5th Plaintiff and to, if the court considers it fit, to deny audience to the Defendants who are not in compliance with the court’s order

46. He reiterates that the order of court was for Defendants to file by Monday but they filed today. And there is no order for extension of time. That his right to fair hearing will be breached because their time to respond will only begin when Defendants regularise

Augie, Okoro, Agim JJSC do not take thw submissions kindly. Augie directly accuses him of making definite threats to the court. Between the barrage of observations, he apologises and adopts his position

47. Cross River adopts the position having not filed any process

48. Ogun also adopts the position, having not filed any processes of its own. Urges the court to dismiss the POs, and grant the prayers in the Originating Summons

49. On 20 February 2023, Ekiti filed a written address in further support of the Plaintiffs

He adopts the positions canvassed by other Plaintiffs before him. He specifically identifies and supports the position of 3rd Plaintiff (Owonikoko SAN)

50. Sir Titiloye identifies his written address in opposition to Defendant’s PO and address in support of Oroginating Summons dated and filed 16 February 2023

He adopts his processes and urges the court dismiss the POs, while granting Plaintiffs’ claim

51. Agabi identifies his processes

1. Memo of conditional appearance filed 8 February 2023

2. Notice of PO filed 20 February 2023

3. Counter-affidavit to motion for injunction (withdrawn)

4. Counter-affidavit opposing Amended Originating Summons filed 20 February 2023

5. Counter-Affidavit to 3rd Plaintiff’s motion to set aside President’s directive filed 20 February 2023

6. Written address in support of Counter to motion to set aside

7. Motion to dismiss 1st and 2nd Plaintiffs’ Form 48

8. Affidavit to show cause why Form 48 should be set aside filed 20 February 2023

He adopts them all, in urging the court to dismiss the originating summons filed by all the Plaintiffs

52. With leave, Agabi adumbrates that

1. If court holds that all questions and reliefs are rooted in S. 20(3) of CBN Act, then the conclusion must be that it cannot be commenced in the SC at all

That CBN is mentioned 32 times in the Originating Summons while not thinking it fit to bring the CBN before the court

To compound matters and in acknowledgement of their error, Plaintiffs are attempting to commit the CBN Governor to prison

53. He adds that the President did not disobey

That even before the order of the SC, Nigerians were already rejecting old notes leading to confusion. That the President simply resolved the confusion by directing persons with the old notes to take the notes to the bank

54. That

2. Under CFRN, the President of Nigeria has several powers, including the power to veto legislation. He asks that if the President does not exercise this power, can States bring an action against him?

He mentions that Lagos State was clever to say their suit was for them, not thir residents, because they know that any suit bought for Residents cannot be filed at SC

That the President is not the Federation

FOLLOW US FOR MORE DETAILSA letter was shared on this platform purportedly emanating from one of the leading law firms in the East particularly Imo state, NNAJI-DIKE CHAMBERS and being managed by own very boss PROF. FRANCIS DIKE, SAN (Lincolns inn). The letter was purportedly crafted by one Barr. Hon. Leo. I was quite embarrassed, having had my pupilage with Professor Dike. SAN and I know him as a very super cerebral university Don, learned senior advocate of Nigerian and a member of the Lincoln’s inn. The authorship of that letter was outrightly denied by my most revered mentor and same had since being disclaimed. Prof described the author as a charlatan and the publication by Mr. Leo as defamatory. This goes to tell us that we have rogues and dubious elements in this profession devoid of incandescent wit and we must be careful as we go about our practice. Prof has put in over 40 years in this profession and being a meticulous researcher, disciplinarian per excellence, lover of excellence and scholarship he wouldn’t accommodate people like Leo to practice with him.
Kindly take this as a disclaimer from Prof. F. C. Dike, SAN (Lincolns inn)

NEW NAIRA: Governors vs Federal Government:

LIVE UPDATES:

1. Emmanuel Ukala SAN, KCO Njemanze SAN, Ahmed Raji SAN, O J Onoja SAN, and O J Iheko for Rivers

2. T A Gazali SAN (Ag Director Civil Appeals), B C Udoh (private practitioner on fiat), T D Agbe PSC, and OD Okoronkwo SC for AGF

3. Ukala moves his motion for consolidation

Gazali informs the court that he is not opposed to the motion but that his defence and PO are currently being filed at the moment

Okoro says ” _as they’re filing it, we’re hearing it_ ”

4. A female lawyer for Abia attempted to draw Their Lordships’ attention to her own motion for consolidation of a suit Abia filed just yesterday

The court refuses to further indulge anybody for consolidation or joinder. That the suit will be heard today

5. Order as prayed

6. A female lawyer for Abia attempted to draw Their Lordships’ attention to her own motion for consolidation of a suit Abia filed just yesterday

The court refuses to further indulge anybody for consolidation or joinder. That the suit will be heard today

7. Oroginal matter called