Scribd
Upload
14 views2 pages

Counter Affidavit

Moot Competition file

Uploaded by

Edomwonyi Patrick
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
14 views2 pages

Counter Affidavit

Moot Competition file

Uploaded by

Edomwonyi Patrick
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 2

IN THE SUPREME COURT OF NIGERIA

IN THE ABUJA JUDICIAL DIVISION


HOLDEN AT ABUJA
SUIT NO: SC/ABJ/…./2024

BETWEEN:
1. ATTORNEY-GENERAL OF KADUNA STATE
2. ATTORNEY-GENERAL OF KOGI STATE …………. PLAINTIFF/RESPONDENT
3. ATTORNEY-GENERAL OF CROSS-RIVER STATE

AND
1. ATTORNEY-GENERAL OF THE FEDERATION ……….. DEFENDANT/APPLICANT

2nd PLAINTIFF’S COUNTER AFFIDAVIT IN RESPONSE TO THE PRELIMINARY


OBJECTION RAISED BY THE DEFENDANTS
I, Benjamin Chinecherem Rita, Female, Christian, Nigerian Citizen and Legal Practitioner of
Ministry of Justice, Lokoja, Kogi State, do hereby make this oath and state as follows:

1. I am the Attorney-General of Kogi State and the 2nd Plaintiff in this Suit and by virtue of my
position, I am conversant with the facts of this case and competent to depose this affidavit.
2. I have read the preliminary objections raised by the defendants and I hereby respond as follows:
3. This Suit does not challenge the authority granted to the C.B.N by the C.B.N Act, 2007,rather,
it challenges the Legality and Constitutionality of the President’s decision to implement the
demonetization the demonetization process without consulting the Plaintiffs who are members of
the National Economic Council and the National Council of States. Thus this matter constitutes
disputes between the Federation and the States, which falls under the Jurisdiction of this
Honorable Court as enshrined in Section 232(1) of the Constitution of the Federal Republic of
Nigeria.
4. This Suit does not fall within the Jurisdiction of the Federal High Court as contended by the
Defendants. The Plaintiffs are challenging the constitutional validity of the President’s actions
which have a direct impact on the governance and economic stability in the states of the Plaintiff,
thus, as enshrined in Section 232(1) of The Constitution of The Federal Republic of Nigeria, the
Supreme Court of Nigeria holds Primal Jurisdiction in disputes between the States and the
Federation.
5. The provisions of Section 52(1) of the C.B.N Act, 2007 and Section 51 of the BOFIA, 2020 do
not confer absolute immunity on the C.B.N or the Federal Government for actions that infringe
on the Constitutional Rights and obligations of the states. Thus, the Plaintiffs have legitimate
basis to seek redress in this Honorable Court.
6. The Plaintiff submits that this Suit is neither speculative or lacking in merit. The Plaintiff has
shown clear legal interest as the unilateral implementation of the demonetization policy without
adequate consultation has resulted in substantial harm and disruption to the governance, the
economy and the welfare of the Plaintiff states and their citizens. The Plaintiff has established
concrete and justifiable claim, warranting judicial consideration and relief.
7. The plaintiff/Respondent will be highly prejudiced by the grant of the Defendant/Applicant
application.
8. That I depose to this affidavit inn good faith believing same to be true and correct in
accordance to oath law.

….…………………………..
DEPONENT
SWORN TO at the Supreme Court Registry, Abuja.
DATED This……….day of …………20…….

BEFORE ME

COMMISSIONER FOR OATHS

You might also like