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Naira pain: Buhari can be prosecuted after May 29, says SAN

Rasheed Adegoke, a Senior Advocate of Nigeria, told Solomon Odeniyi that the continued disregard for Supreme Court orders on the […]

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Rasheed Adegoke, a Senior Advocate of Nigeria, told Solomon Odeniyi that the continued disregard for Supreme Court orders on the new naira policy by President Major General Muhammadu Buhari (retd.) and Central Bank of Nigeria Governor Godwin Emefiele is a stark example of the lawlessness he has long condemned. Five days after the Court ruled that the old notes should remain in circulation until 31 December, neither the CBN nor Buhari has complied. Adegoke blames the Attorney General of the Federation for this breach, noting that the chief law officer is duty‑bound to ensure that court decisions are executed promptly. When the AGF violates a court ruling, he forgets that he, too, will one day need the judiciary’s protection.

Adegoke lamented that the executive’s actions have encouraged other institutions to emulate this lawlessness, allowing ordinary bankers to claim they have not received a memo and therefore will not obey a Supreme Court order. He questioned the logic of requiring a CBN memo for banks to follow a Supreme Court directive and asked whether the CBN would punish those who obey the Court. “What do we make of our courts if their orders are ignored?” he asked, adding that it is absurd to think that officials who are arrested would then turn to the same courts for justice.

He argued that the public must rise against any bank that refuses to obey the Supreme Court’s order and enforce compliance. Citizens can enforce the decision by shutting down non‑cooperative banks, and all institutions, including individuals, are mandated to uphold judgments from the Supreme Court and all courts. Mass mobilisation, he said, is essential when the executive acts recklessly; a coordinated shutdown of a defiant bank would compel immediate compliance.

Adegoke also condemned the conduct of the CBN governor, describing his behavior as unacceptable and indicative of a desire to turn the country into a lawless state. He asserted that the governor should already be in jail for his total disregard for the rule of law. Justice Emmanuel Agim, in delivering the judgment, warned that disobeying the Supreme Court’s earlier order on the new notes reduces democracy to a pretence, replacing it with autocracy or dictatorship. Adegoke noted that the Court’s language, though milder than in past military‑era rulings, still signals serious executive lawlessness.

He reminded listeners that the Supreme Court, as the highest court and a policy‑making body, must speak out when executive actions threaten citizens’ rights. Whether right or wrong, its pronouncements are final and must be obeyed. It is unfortunate that a government which benefited from the Court’s decision now refuses to follow it. He cited the 2019 case where the Supreme Court upheld President Buhari’s re‑election, emphasizing that a president who remains in office thanks to a judicial ruling should not disrespect that same judiciary.

Adegoke affirmed that such contempt for the judiciary will damage democracy and jurisprudence, signalling that respect for the rule of law is optional for the president—a notion incompatible with the principle of separation of powers and modern civilised governance. He stressed that no one, not even a monarch, is above the law; this is the essence of the rule of law and what distinguishes humans from animals.

Regarding accountability, Adegoke said that the president’s actions constitute impeachable offences. In a sane society, the National Assembly would initiate impeachment when an incumbent flagrantly disregards court orders and fundamental rights. After leaving office, the president could face prosecution, as immunity does not extend for life. Strengthening institutions requires cooperation among the three arms of government. He cited the example of Donald Trump’s refusal to leave the White House, after which all institutions withdrew support without specific instructions.

Finally, with Asiwaju Bola Tinubu declared the winner of the recent election, Adegoke warned that Buhari should see his remaining privileges stripped away, preventing him from seeing himself as infallible. This shift, he argued, is essential for reinforcing the rule of law in Nigeria.

Ifunanya

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