Scorning another golden chance to bond with Nigerians and forge a lasting legacy in the dying days of his regime, President Major General Muhammadu Buhari (retd.) has cemented his anti‑democratic credentials. On Thursday morning he aggravated the country’s socioeconomic tensions by flagrantly disobeying a Supreme Court order on the Central Bank of Nigeria’s naira redesign policy, allowing the old N200, N500 and N1,000 notes to remain in circulation until February 22. This dangerous precedent threatens Nigeria’s already unstable democracy.
The Supreme Court had issued a second interim injunction the night before, restraining the federal government and the CBN from enforcing the February 10 deadline for rejecting the old banknotes. Instead of waiting for the highest court’s decision, Buhari precipitately violated the order, posing a blatant threat to the rule of law. As noted scholar Ludwig von Mises warned, such actions “hinder the rulers from turning themselves into the worst gangsters.” Following Buhari’s example, the CBN and many state governors have also ignored the injunction, further battering the rule of law that has long been shaky under his watch.
In his defiant broadcast, Buhari announced, “To further ease supply pressures, particularly 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 cease to be legal tender.” This pronouncement violated the principle of separation of powers and the constitutional system of checks and balances, constituting contempt for the judiciary and another assault on the rule of law— the cornerstone of stable democracies. Buhari should cease desecrating the 1999 Constitution he swore to uphold. As Lord Denning famously said, “Be you ever so high, the law is above you,” a sentiment echoed by former U.S. President Dwight Eisenhower: “The world no longer has a choice between force and law; if civilisation is to survive, it must choose the rule of law.” Nigeria must follow this line.
Claiming hardship, the states of Kogi, Kaduna and Zamfara initially approached the Supreme Court to extend the deadline for accepting the old banknotes alongside the scarce new ones. Seven more states have since joined the suit as the chaotic implementation of the policy spirals out of control. Buhari glossed over these concerns, failing the test of leadership at a critical time and stoking public tension rather than offering reassurance.
Disobedience of court orders has become rampant under his regime. Between 2015 and 2018, the government refused six separate court orders to release former National Security Adviser Sambo Dasuki. Shi’ite leader Ibrahim el‑Zakzaky suffered the same fate despite multiple court orders for his release. Presidential candidate Omoyele Sowore was detained by the State Security Service for months after a court ordered his release, and Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra, remains in custody despite repeated bail grants. Lawlessness spreads as many state governors and officials trample the law.
Amnesty International accused the Buhari regime and Cross River State Governor Ben Ayade of manipulating the prosecution of journalist Agba Jalingo, who was bizarrely charged with treason in August 2019 after his outlet CrossRiverWatch reported alleged diversion of public funds. Governors Nasir el‑Rufai of Kaduna and Abdullahi Ganduje of Kano, who publicly support compliance with the Supreme Court order on the naira policy for partisan reasons, have also disobeyed court orders. In 2017, the Kaduna State Urban Development Agency demolished the property of an el‑Rufai political rival despite a pending case; the Durbar Hotel suffered the same fate. In Kano, Governor Ganduje ignored a High Court order restraining him from appointing four new emirs and dividing the state into five emirates in May 2019. This executive lawlessness reflects a culture of arrogance among temporary office holders.
These developments should teach the judiciary a bitter lesson. Allegations of judges befriending members of the executive and legislature have emerged, and courts have issued conflicting judgments that confound both lawyers and laypeople. The judiciary must preserve its independence and restore its waning authority—a stature it maintained even under military rule, earning respect beyond Nigeria’s borders. In 1972, the late Akinola Aguda became the first African Chief Justice of Botswana, and Emmanuel Ayoola served as Chief Justice of The Gambia from 1983 to 1992.
Buhari’s eight‑year tenure has divided Nigeria on many fronts; his intervention in monetary policy has deepened unprecedented privation. Although the policy may have noble intentions, its poor implementation has triggered hardship and unrest. Buhari should reverse his misstep, allow the judiciary to render its judgment, and realign himself with the reality that, in a democracy, he cannot act outside the remit granted by the 1999 Constitution. All stakeholders must push back against the assault on the rule of law.
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