Malami, Emefiele face contempt charge over refusal to obey Supreme Court order

Kaduna, Kogi and Zamfara states have initiated a contempt proceeding against the Attorney General of the Federation, AGF, Abubakar Malami and the Governor of Central Bank, Godwin Emefiele over their alleged refusal to comply with the Supreme Court order extending the deadline for the use of old N200, N500 and N1000 notes.

In the fresh documents filed before the Supreme Court, the three states―the original plaintiffs in the suit against the naira swap policy of the Federal Government―cautioned the AGF and Emefiele about the consequences of their continued failure to comply with the apex court’s order of February 3.

The two sets of Form 48, one directed at the AGF and the other at Emefiele were issued by the Chief Registrar of the apex court following an application by the team of lawyers representing the three states.

It was learnt that the documents form part of the processes now awaiting the Supreme Court’s consideration when proceedings resume on Wednesday.

Copies of the forms sighted showed that the CBN governor and the AGF were served on February 17 while it was received at the Supreme Court two days earlier, on February 15.

The forms dated February 15 read: “Take notice that unless you obey the direction contained in the attached Order of the Supreme Court of Nigeria delivered on 3rd day of February 2023, you will be guilty of contempt of court and will be liable to be committed to prison.”

The issuance of Form 48 on an alleged contemnor (a party believed to have flouted an order of the court) is the first stage in the commencement of contempt proceedings.

Form 48 is a notice of the consequence of disobedience of a court order, which could be followed with the issuance of Form 49, should the disobedience persists.

When parties were in court on February 15, the lawyer to Kaduna, Kogi and Zamfara states, Abdulhakeem Mustapha, SAN, complained that the Federal Government and its agencies have failed to comply with the order and have allegedly directed the rejection of the old notes.

Mustapha said his clients have since filed a notice of non-compliance with the court order.

He demanded that the court take action against the respondent (AGF) to protect the dignity of the court.

Mustapha added: “That order has been flouted by the government. We are talking of executive lawlessness here. We have filed an affidavit to that effect. We want the court to renew the order for parties to be properly guided.”