Olayinka Olukoya
The Ogun State Government has applied to the Supreme Court of Nigeria, seeking to join Kaduna, Kogi and Zamfara States, in a suit against the Federal Government of Nigeria, over the demonetization policy which introduced new versions of N200, N500 and N1000.
The state, in a Motion of Notice filed by its counsel, Afe Babalola and Co, on February 13, sought to be joined as the 4th plaintiff/applicant, in a suit number SC/CV/162/2023.
The applicant in the Notice further stated that it sought to be a co-plaintiff for the just and effective determination in the suit instituted by the other three plaintiffs.
The plaintiff also notified the Supreme Court that it shall rely on all the processes already filed in this action in addition to the affidavit in support of the application.
Listing thirteen grounds upon which the application was predicated, the plaintiff submitted among others, that the implementation of the Federal Government-sanctioned policy has thus far negatively affected the citizens all over the federation which includes Ogun State, and left several residents of the state stranded, cash strapped and frustrated leading to riots, grievous interruption of commercial activities, and a gradual economic downturn in the state.
It added in the Motion on Notice, that the plaintiffs commenced this suit vide an Origination Summons dated on the 3rd of February, 2023 challenging the demonization policy of the Federation being currently carried out by the Central Bank on Nigeria on the ground that same is not in compliance with the extant provisions of Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Section 20 (3) of the Central Bank of Nigeria Act, 2007 and the extant laws of Ogun State.
The 4th plaintiff submitted further that: “Ogun State is one of the constituent members of the Federation recognized under the provision of Section 3 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended);
“The Attorney General of Ogun State seeking to be added or joined as the 4th plaintiff in this suit is the Chief Law Officer of Ogun State vested with the power and responsibility of representing Ogun State in legal matters including the protection of the interest of Ogun State by challenging any law, policy or action of the Federal Government perceived to violate the laws of the Federation for the order and good government of Ogun State;
“The implementation of the policy has paralyzed and brought to a standstill the economic activities of Ogun State and also severely impaired the government’s ability to deliver on its economic agenda to the people;
“The already existing Plaintiffs and Defendants will not be prejudiced in any way by the grant of this application which had been brought in the interest of justice and right to a fair hearing to join the Applicant/Party seeking to be joined as a co-plaintiff;
“This application is necessary to prevent a multiplicity of suits;
“it is necessary to join the Applicant of this suit to allow for a complete and just determination of this suit;
“This suit is liable to be defeated if the Applicant, who is a necessary party to this suit, is not joined;
“if this Honourable Court refuses this application, the interest of Ogun state and its people would be prejudiced by any contrary decision given by this Honourable Court in the substantive suit;
“the applicant is ready to be bound by the eventual judgment of this Honourable Court;
“The leave of this Honourable Court is required to add or join this Applicant/Party seeking to be joined as a Co-Plaintiff;
“it is in the overall interest of justice and fair hearing that this application is duly considered and granted by this Honourable Court”.
