IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY IN THE ABUJA JUDICIAL DIVISION HOLDEN AT COURT 45 SITTING IN WUSE ZONE -2 ABUJA BEFORE HIS LORDSHIP: THE HON, JUSTICE ELEOJO ENENCHE THIS 6TH DAY OF FEBRUARY, 2023.
SUIT NO. ECT/HC/CV/2234/2023.
MOTION NO. M/4284/2023
UPON READING the Motion Ex Porte filed on 6/2/2023 brought pursuant to Order 7; Order 26 Rule 6; Order 48 Rule 4; Order 42 Rule 8, Order 43 Rules 1 and 3 of the Federal Capital Territory High Court (Civil Procedure) Rules, 2018 Section 6(6) (a) and (b) of the 1999 Constitution (As Amended) and under the inherent jurisdiction of the Honourable Court, and after considering the 37 paragraphs Affidavit deposed by Emmanuel Okereke, Male, Adult, Christian, Nigerian of No. Plot 437A Oka Akoko Crescent, Garki lIl, Abuja, praying for the following:
- AN INTERIM ORDER OF MANDATORY INJUNCTION directing and mandating the Defendants, whether by themselves, staff, agents, officers, interfacing banks or Financial Institutions or however described to comply with, implement and give effect to the currency re-design and restricting of the old N200, N500, N1000 bank notes on or before the last date of 10t day of February, 2023, pending the hearing and determination of the Motion on Notice.
- AN ORDER OF INTERIM INJUNCTION restraining the Defendants whether by themselves, staff agents, officers, Interfacing banks or whosoever NOT to suspend, stop, extend, vary or interfere with the extant termination date of use of the old N200, N500 and N1000 bank notes being 10 day of February, 2023 or in any other manner howsoever Issue any other contrary or inconsistent directive over the subject matter beyond the last date of 10t day of February, 2023, pending the hearing and determination of the Motion on Notice.
- AN ORDER directing the heads, Chief Executive Officers, Managing Directors and/or alter egos of the 4 to 30t Defendant to FORTHWITH show cause as to why they shall not be arrested and prosecuted for the Economic and Financial sabotage of the Federal Republic of Nigeria by their illegal act of hoarding, withholding, not paying or disbursing the new N200, N500 and N1000 bank notes, being the legal tender of the Federal Republic of Nigeria to their respective customers, despite supplies of such currency notes by the 2nd and 3rd Defendants, thereby leading to the present scarcity of currency notes in circulation.
4. AND for such Orders as the court may deem fit to mohe in the circumstances.
AND UPON HEARING Obed O. Agu of counsel for the Claimants/ Applicants.
IT IS ORDERED AS FOLLOWS:
- AN INTERIM ORDER OF MANATORY INJUCTION IS HEREBY MADE Directing and Mandating the Defendants, whether by themselves, staff, agents, officers, interfacing banks or financial institution or whosoever described to comply with, implement and give effect to the currency redesign and restructuring of the old N200, N500 and N1000 banks note on or before the last date of 10t of February.
2023, pending the hearing and determination of Motion on Notice. - AN ORDER OF INTERIM INJUNCTION IS HEREBY MADE restraining the Defendants whether by themselves, staff agents, officers, interfacing banks or whosoever NOT to suspend, stop, extend, vary or Interfere with the extant termination date of use of the old N200, N500, and N1000 bank note being 10* day of February, 2023 pending the hearing and determination of Motion on Notice.
- AN ORDER IS HEREBY MADE Directing the Heads, Chief Executive Officers, Managing Directors and/or alter egos of the 4 to 30 Defendants to FORTHWITH show cause as to why they shall not be arrested and prosecuted for the Economic and Financial sabotage of the Federal Republic of Nigeria by their Illegal act of hoarding, withholding, nor paying or disbursing the new N200, N500 and N1000 bank note, being the legal tender of the Federal Republic of Nigeria to their Respective customers, desplie supplies of each such currency note by the 2nd and 3rd Defendants, thereby leading to the present scarcity of currency notes in circulation.
- This Order shall be for an initial period of Seven Days.
- The matter is adjourned to 14th February, 2023 for hearing of the Motion on Notice.
- GIVEN UNDER THE HAND SEALOF THE HONOURABLE JUDGE
signed: SHEHU SULEIMAN.
(Principal Registrar I)
