I believe that in responding to the challenges of the crisis of the present currency swap policy the Supreme Court should not lose touch with jurisprudence.
The President in a constitutional democracy and under the doctrine of separation of powers enjoys some prerogatives, which are spheres of decision making where no other organ of Govt can interfere to legally determine or even restrict what action the President should take.
One, is the prerogative of mercy, another is the institution and cessation of diplomatic relations between the country and any other country. The determination of what should be legal tender in the country at any time is also one of them. It is a complex monetary and political question. There would be outcomes from any decision that is taken which would be beyond the SC. If confusion is institutionalized by the interference of the SC to impose a situation which is against predetermined monetary policy objectives, both the economy and the polity might become profoundly impacted negatively.
The SC, with due respect, is over playing its card. It is better to leave the crisis to the President to resolve. It is the person who climbed up a tree that would know how to climb down from it. SC should not involve itself in what it never knew the beginning of and certainly cannot know the end of.
Published by Chuks Nwachuku
