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Currency Swap Crisis: Falana gives reason why CBN must obey ex parte order of Supreme Court

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Currency Swap Crisis: Falana gives reason why CBN must obey ex parte order of Supreme Court

Human rights activist and lawyer, Mr. Femi Falana SAN has revealed why the Central Bank of Nigeria (CBN) must comply with the Supreme Court order in respect of the currency swap crisis.

The interim Chairman of the Alliance on Surviving Covid-19 and Beyond (ASCAB), in his latest communique on Thursday, noted that it was imperative to speak up because reports are suggesting that the CBN has decided that it will not follow the injunctions of the apex court.

The Senior Advocate added that such a move by the CBN will be nothing but a contemptuous disregard for the rule of law.

Falana took a look at the technicalities of the case establishing the reason why the Management of the Central Bank might be looking to ignore the court order, the legal luminary however, gave his counter reasons why the CBN cannot disregard the Supreme Court, citing cases that give greater context to the matter on the ground.

Read the full statement by Mr. Falana regarding “Why CBN Must Obey Ex Parte Order Of Supreme Court”.

We have just read a report that the Authorities of the Central Bank of Nigeria have decided not to comply with the ex parte order issued by the Supreme Court of Nigeria in respect of the avoidable currency swap crisis.

The reason adduced for the contemptuous disregard for the rule of law is that the Central Bank of Nigeria is not a party to the case of Attorney-General of Kaduna State & 2 Ors. v. Attorney-General of the Federation (Suit No: SC/CV/162/2023) pending at the Supreme Court.

It is pertinent to remind the Management of the Central Bank of the case of Nkwo Augustine Eddiego v. Board of Central Bank of Nigeria (Suit No: HCIK/38/2022), where the Delta State High Court granted an ex parte order which restrained the Defendants from preventing the Governor of the Central Bank of Nigeria from seeking political offices pending the hearing and determination of the motion on notice in the case. Even though Mr. Emefiele was not a party to the suit he took advantage of the ex parte order to join the APC to contest the presidential primary of the APC before he was stopped by President Buhari.

Similarly, in the case of Incorporated Trustees of the Forum for Accountability and Good Leadership v. Attorney-General of the Federation & Ors. (Suit No: FCT/HC/GAR/CV/41/2022) the High Court of the Federal Capital Territory granted an injunction restraining the State Security Services from arresting, investigating, and prosecuting Mr. Emefiele for terrorism financing. Although he was not a party to the suit Mr. Emefiele has not been arrested by the State Security Services based on the court order.

Therefore, it is the height of arrogance of power for Mr. Emefiele to treat the ex-parte of the Supreme Court with provocative contempt. Given the looming anarchy in the country, we are compelled to draw the attention of the Central Bank Management of the rule of law to the case of Attorney-General of Lagos State v. Attorney-General of the Federation (2005) 2 WRN 1 at 109 where Tobi JSC of blessed memory cautioned all authorities and persons in Nigeria thus:

“In a society where the rule of law prevails, self-help is not available to the executive or any arm of government. Because such conduct could breed anarchy and totalitarianism, and since anarchy and totalitarianism are antitheses to democracy, courts operating the rule of law, the lifeblood of democracy, is under a constitutional duty to stand against such action.

“The courts are available to accommodate all sorts of grievances that are justiciable in law and section 6 of the Constitution gives the courts power to adjudicate on matters between two or more competing parties. In our democracy, all the governments of this country, as well as organizations and individuals must kowtow to the due process of the law, and this they can vindicate by resorting to the courts for redress in the event of any grievance.”

It is public knowledge that the Federal Government has filed a preliminary objection challenging the jurisdiction of the Supreme Court to hear and determine the case of the Attorney-General of Kaduna State & 2 Ors v Attorney-General of the Federation (supra).

In the interim, the Federal Government of Nigeria and its agencies including the Central Bank of Nigeria are bound by the valid and subsisting ex parte order of the Supreme Court of Nigeria until it is set aside by the same court.

The alternative is to compound the ongoing anarchy and chaos in the land.

Femi Falana SAN,
Interim Chairman,
Alliance for Surviving Covid 19 and Beyond (ASCAB)

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National Issues

Tinubu declares nationwide security emergency, orders massive recruitment

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Amid rising killings and a wave of mass abductions by gunmen and suspected terrorists across the country, President Bola Tinubu on Wednesday declared a nationwide security emergency.

The President, in a statement personally signed and released in Abuja, also ordered an immediate expansion of the manpower of the Armed Forces and the Nigeria Police Force as the Federal Government rushes to halt the worsening insecurity.

“Today, in view of the emerging security situation, I have decided to declare a nationwide security emergency and order additional recruitment into the Armed Forces,” Tinubu said.

“By this declaration, the police and the army are authorised to recruit more personnel. The police will recruit an additional 20,000 officers, bringing the total to 50,000.”

Tinubu explained that he had already approved upgrades of police training facilities nationwide and authorised the use of selected National Youth Service Corps camps as police training depots.

He added that officers withdrawn from VIP guard duties would undergo “crash training” before being redeployed to areas battling heightened insecurity.

The President also directed the Department of State Services to immediately deploy all trained forest guards to flush out terrorists and bandits hiding in forests across the country. The DSS was further authorised to recruit additional personnel.

“There will be no more hiding places for agents of evil. This is a national emergency. We are deploying more boots on the ground, especially in vulnerable communities. The times require all hands on deck. As Nigerians, we must all get involved in securing our nation,” he said.

Tinubu commended security agencies for jointly securing the release of 24 abducted schoolgirls in Kebbi State and 38 worshippers in Kwara State. He assured that efforts were ongoing to rescue students of Catholic schools in Niger State and other kidnapped Nigerians still in captivity.

“To the leadership and rank and file of our Armed Forces, I commend your courage and sacrifice. This is a challenging moment for our nation and for the military itself. I charge you to remain resolute, restore peace across all theatres of operation, and uphold the highest standards of discipline. There must be no compromise, no collusion, and no negligence,” he added.

The President announced that the Federal Government would support state governments operating community-based security outfits.

Tinubu also urged the National Assembly to begin reviewing laws that would allow states seeking to establish their own police forces to do so.

He warned states against maintaining boarding schools in remote areas without adequate security and advised churches and mosques in vulnerable areas to engage security agencies when organising large gatherings.

On the lingering farmer–herder clashes, Tinubu restated that the newly created Ministry of Livestock Development would provide long-term solutions. He appealed to herders to embrace ranching, end open grazing, and surrender illegal weapons.

“I sympathise with the families who have lost their loved ones in recent attacks on soft targets in Kebbi, Borno, Zamfara, Niger, Yobe, and Kwara states. I also pay tribute to our brave soldiers who have made the ultimate sacrifice, including Brigadier-General Musa Uba,” he said.

Warning criminal groups not to undermine the state, Tinubu emphasised that his administration possessed the resolve and capacity to secure the country.

“Fellow compatriots, I urge you not to give in to fear or despair. Stand firm to defend our freedom and values. Our administration will continue to guarantee peaceful co-existence and preserve our union.”

He called on citizens to remain vigilant, report suspicious activities, and cooperate with security agencies.

Tinubu’s declaration came amid nationwide outrage after the killing of at least five people in Kebbi and Kwara states, and the abduction of over 300 schoolchildren from Government Girls Comprehensive Secondary School, Maga, in Kebbi State, and St Mary’s Catholic School, Papiri, in Niger State.

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US pledges deeper intelligence, defence support for Nigeria — Presidency

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The Presidency on Monday said the United States Government has expressed readiness to deepen security cooperation with Nigeria through enhanced intelligence sharing, supply of defence equipment and other support to boost ongoing operations against terrorists and violent extremist groups.

It said the commitment followed a series of engagements held last week in Washington, DC, between a high-level Nigerian delegation and top US officials aimed at strengthening bilateral security ties and opening new areas of collaboration.

The delegation, led by the National Security Adviser, Nuhu Ribadu, met with senior officials from the US Congress, White House Faith Office, State Department, National Security Council and the Department of War.

Other members of the delegation included the Attorney-General of the Federation, Lateef Fagbemi (SAN); Chief of Defence Staff, Gen. Olufemi Oluyede; Chief of Defence Intelligence, Lt. Gen. Emmanuel Undiandeye; the Inspector-General of Police, Kayode Egbetokun; and two representatives from the Office of the NSA.

According to a statement by the Special Adviser to the President on Information and Strategy, Bayo Onanuga, the Nigerian team used the engagements to debunk allegations of genocide in the country, insisting that violent attacks cut across religious and ethnic divides.

Onanuga said the delegation also rejected what it described as the “wrongful framing” of Nigeria’s security challenges, noting that such portrayals risked further dividing citizens and misrepresenting realities on the ground.

“The discussions provided ample opportunity to correct misconceptions about Nigeria, forged a constructive, solution-driven partnership with the United States, reinforced mutual trust, and advanced a coordinated approach to protecting vulnerable communities, especially in the Middle Belt,” the statement read.

He added that the US expressed willingness to offer complementary support, including humanitarian assistance to affected populations in the Middle Belt and technical aid to strengthen early-warning mechanisms.

Onanuga said both countries agreed to immediately implement a non-binding cooperation framework and set up a Joint Working Group to coordinate agreed areas of collaboration. Nigeria, he added, reaffirmed its commitment to enhancing civilian protection measures.

“The Federal Government restates its awareness of heightened sensitivities regarding religious freedom and security, and urges citizens to remain assured that firm, urgent, and coordinated steps are being taken to secure the nation,” he stated.

The development comes weeks after former US President Donald Trump threatened to deploy American forces to Nigeria “guns-a-blazing” if the government failed to halt what he described as the killing of Christians.

Trump, who also designated Nigeria a “Country of Particular Concern” over alleged persecution, had on his Truth Social platform accused the government of allowing the “mass slaughter” of Christians and warned that Washington could cut aid and take military action.

“If the Nigerian Government continues to allow the killing of Christians, the USA will immediately stop all aid and assistance to Nigeria, and may very well go into that now disgraced country, ‘guns-a-blazing,’ to completely wipe out the Islamic terrorists who are committing these horrible atrocities,” he wrote, adding that he had instructed the US Department of War to prepare for possible operations.

But President Bola Tinubu has repeatedly dismissed claims of genocide against Christians, maintaining that Nigeria remains committed to religious freedom, tolerance and the protection of all citizens regardless of faith.

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National Issues

Suspected bandits abduct four farmers in fresh Kwara attack

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Suspected bandits have abducted four rice farmers in Bokungi community, Edu Local Government Area of Kwara State.

The incident occurred on Wednesday evening while the victims were working on their farms during the peak of the harvest season. It came barely 24 hours after gunmen attacked a church in Eruku, Ekiti LGA of the state, killing two worshippers and abducting several others.

According to sources, the attackers stormed the farms suddenly and surrounded the farmers as they gathered their harvested rice.

“It has been confirmed that bandits struck again at Bokungi under the Lafiagi Emirate. Four people were abducted. Information is still emerging,” the sources said.

Residents said the gunmen operated for several minutes without resistance, forcing the farmers into a nearby bush before whisking them away to an unknown location.

Community members also lamented rising insecurity in Edu LGA, noting that several farming settlements had been abandoned as farmers now fear venturing out during the harvest period when they are most vulnerable.

The Kwara State Police Command and the state government had yet to comment on the incident as of the time of filing this report.

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