Before I begin, it should be pointed out that this work is not concerned about the contemptuousness or otherwise of the President’s speech in the light of the subsisting Supreme Court order but rather on the shocking reactions of some state Governors on the heels of the President’s speech.
President Mohammadu Buhari in his nation wide broadcast yesterday 16th February, 2023 extended the validity of only N200 Notes till April 10 while effectively putting to rest, arguments in some quarters that following the Supreme Court’s order, N500 and N1000 Naira Notes were still valid for use in Nigeria.
In plain language, the consequence of the President’s refusal to extend the validity of the two highest denominations of the Naira Notes is that the Notes have ceased to be legal tender in Nigeria thereby.
The President even directed those still in possession of same to take them to the CBN and other designated points which clearly do not include the commercial banks.
The President’s broadcast however did not go down well with most State Governors some of whom are already in the Supreme Court against the FG over the issue.
Two of those State Governors: Mohammed Badaru Abubakar of Jigawa State and Mallam Nasir El-Rufai of Kaduna State in swift reactions reportedly countered the President’s directives by insisting that N500 and N1000 Notes remained legal tenders in their respective States and even threatened to shutdown and prosecute banks, Super Markets and indeed anyone within their States who in obedience to the President’s directives, refused to accept the expired Old Notes.
While executive impunity especially amongst state governments is not new in Nigeria, a governor brazenly defying and countering the Nigerian President’s directive is unprecedented.
Sadly, a conduct such as this is not only capable of causing anarchy in the country but also amounts to a barefaced treason.
Section 37 (1) of the Criminal Code CAP C38 LFN 2004 provides: _”Any person who levies war against the State, in order to intimidate or overawe the President …., is guilty of treason, and is liable to the punishment of death._While the action of the above named governors may not be expressly termed *’levying war against the Nigerian state’,* it is submitted that confrontations that the implementations of their countering order is capable of generating is capable snowballing into a rebellion against the person of the President of Nigeria which has the same implications as ‘levying war against the President’.
The President of Nigeria embodies the insignia of Nigeria as a sovereign state and any deliberate attempt to whittle or question his authority by any person or authority is tantamount to challenging Nigeria’s sovereignty.
The Oath of Office for Governors as provided in the Seventh Schedule to the 1999 Constitution expressly forbids any Governor from undermining or challenging the powers of the President of the Federal Republic of Nigeria. It reads thus:
“I, ……………………………….do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as the Governor of …………………..State, I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law, and always in the interest of the sovereignty, integrity, solidarity, wellbeing and prosperity of the Federal Republic of Nigeria;
That I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria;
THAT I WILL EXERCISE THE AUTHORITY VESTED IN ME AS GOVERNOR SO AS NOT TO IMPEDE OR PREJUDICE THE AUTHORITY LAWFULLY VESTED IN THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA AND SO AS NOT TO ENDANGER THE CONTINUANCE OF FEDERAL GOVERNMENT IN NIGERIA;
that I will not allow my personal interest to influence my official conduct or my official decisions;
that I will to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria;
that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will;
that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as Governor of ………………….. State, except as may be required for the the discharge of my duties as Governor;
And that I will devote myself to the service and well-being of the people of Nigeria. So help me God.” (Emphasis mine)
From the foregoing, it’s clear that the counter directives of the foregoing Governors are in breach of their Oath of offices as Governors.In sane climes, such directives amount to treachery that would at least, be a ground for their impeachment.
While impeachment as an option in this case is a far cry, it’s has become necessary that President Buhari wields his coercive state might against these treasonable felons in order to preserve, protect and defend his powers and sanctity of his office as the President of this country.
Nobody no matter how highly placed should be allowed under any guise to ever deliberately undermine the powers of the President because to do so is to undermine Nigerian sovereignty, also.
Isaac Mmaduabuchi Okeh, Esq. +2348063713472, okehisaac33@gmail.com
