Suspended Governor of the Central Bank of Nigeria, Mallam Sanusi Lamido Sanusi’s bid to return to office suffered a setback,Wednesday as the Abuja Division of the Federal High Court, dismissed his ex-parte application that sought to reverse his suspension by President Goodluck Jonathan, pending the determination of an interlocutory motion he filed along with a suit he initiated, challenging the suspension.
Shortly after the applicant’s lawyer, Sam Kagbo, informed the court about the application, Justice Kolawole said he felt hesitant and constrained to grant the reliefs sought. He ordered that the respondents be put on notice.
The judge held that it was unsafe, at the current preliminary stage of the case, for the court to embark on granting far-reaching interim orders which have all the attributes of a mandatory injunction without hearing from the defendants. Justice Kolawole noted that, when defendants have been duly served with the originating summons and motion on notice, he intends to inquire whether, in the light of the Third Alteration Act, No: 20 of the Constitution, the Federal High Court has the jurisdiction to hear the case, irrespective of the questions for determination contained in the originating summons.
On plaintiff’s apprehension that a delay would occasion harm to his interest, the judge noted that the court possesses the powers to declare the suspension unlawful and order his return to office, if at the end of trial, it finds that the suspension was wrong. He added that even where the tenure had lapsed, the court could order the defendants to pay the plaintiff such remunerations and allowances, if his remuneration and allowances were also suspended while his suspension lasted.
He consequently adjourned to March 12 for hearing.
In a suit filed on Monday, Sanusi wants the court to among others, restrain the President and two others from giving effect to his purported suspension pending the determination of his suit. Also to be restrained are the Attorney General of the Federation (AGF) and the Inspector General of Police (IGP).
Culled from Nationonline
Showing posts with label bank reform. Show all posts
Showing posts with label bank reform. Show all posts
Thursday, February 27, 2014
Wednesday, February 26, 2014
Fmr CBN Governor Sanusi Lamido Sues President Jonathan
Suspended Central Bank of Nigeria (CBN) Governor Sanusi Lamido Sanusi has finally sued President Goodluck Jonathan before a Federal High Court sitting in Abuja, challenging his suspension from office.
In a suit filed late Monday by some of his lawyers, including Kola Awodein (SAN), Sanusi is urging the court to, among others, restrain the President and two others from giving effect to his purported suspension, pending the determination of his suit.
Also to be restrained are the Attorney General of the Federation (AGF) and the Inspector General of Police (IGP), sued with the President.
Sanusi is pleading for an order of interlocutory injunction restraining the defendants from obstructing, disturbing, stopping or preventing him in any manner, from performing the functions of his office and enjoying in full, the statutory powers and privileges attached to the office of the governor of the CBN.
He said the interlocutory application he filed with the suit was necessitated by the issues raised in the suit.
Sanusi is of the view that delay could occasion irreparable, serious damage and mischief against him in the exercise of his statutory duties as the CBN Governor. He urged the court to grant the prayers contained in his interlocutory application, on the ground that the President’s alleged unlawful interference with the management and administration of the CBN, unless arrested, posed grave danger to the country’s economy.
He argued that granting his application will encourage parties to maintain the status quo, pending the determination of the substantive case. In a supporting affidavit, Sanusi averred that in the course of his duties as the CBN Governor, that he discovered certain discrepancies in respect of amounts repatriated to the federation account from the proceed of crude oil sales between the period of January, 2012 and July, 2013 and that he expressed concern in respect of the said discrepancies and had cause to inform the National Assembly of the said discrepancies because they affect the revenue of the federation and the national economy.
He stated that the President’s action, in purporting to suspend him from office, is aimed at punishing him for these disclosures.
Sanusi stated that he is challenging the President’s power to suspend him from office, noting that the President did not approach nor obtain the support of the Senate, based on his discussions with several senators, including Senator Bukola Saraki.
“I have been informed, and I verily believe the information given to me by Senator Bukola Saraki to be true and correct that the Senate did not give the President any support for my purported suspension and removal from office as the Governor of the Central Bank of Nigeria.”
Sanusi stated that the President’s actions in suspending him from office is contrary to provisions of the Central Bank of Nigeria Act relating to the appointment and removal of the CBN Governor and that his purported suspension amounts to unlawful interference in the administration and management of the apex bank and is illegal, null and void. He urged the court, in the interest of justice, to grant his reliefs.
The suit is yet to be assigned for hearing.
In a suit filed late Monday by some of his lawyers, including Kola Awodein (SAN), Sanusi is urging the court to, among others, restrain the President and two others from giving effect to his purported suspension, pending the determination of his suit.
Also to be restrained are the Attorney General of the Federation (AGF) and the Inspector General of Police (IGP), sued with the President.
Sanusi is pleading for an order of interlocutory injunction restraining the defendants from obstructing, disturbing, stopping or preventing him in any manner, from performing the functions of his office and enjoying in full, the statutory powers and privileges attached to the office of the governor of the CBN.
He said the interlocutory application he filed with the suit was necessitated by the issues raised in the suit.
Sanusi is of the view that delay could occasion irreparable, serious damage and mischief against him in the exercise of his statutory duties as the CBN Governor. He urged the court to grant the prayers contained in his interlocutory application, on the ground that the President’s alleged unlawful interference with the management and administration of the CBN, unless arrested, posed grave danger to the country’s economy.
He argued that granting his application will encourage parties to maintain the status quo, pending the determination of the substantive case. In a supporting affidavit, Sanusi averred that in the course of his duties as the CBN Governor, that he discovered certain discrepancies in respect of amounts repatriated to the federation account from the proceed of crude oil sales between the period of January, 2012 and July, 2013 and that he expressed concern in respect of the said discrepancies and had cause to inform the National Assembly of the said discrepancies because they affect the revenue of the federation and the national economy.
He stated that the President’s action, in purporting to suspend him from office, is aimed at punishing him for these disclosures.
Sanusi stated that he is challenging the President’s power to suspend him from office, noting that the President did not approach nor obtain the support of the Senate, based on his discussions with several senators, including Senator Bukola Saraki.
“I have been informed, and I verily believe the information given to me by Senator Bukola Saraki to be true and correct that the Senate did not give the President any support for my purported suspension and removal from office as the Governor of the Central Bank of Nigeria.”
Sanusi stated that the President’s actions in suspending him from office is contrary to provisions of the Central Bank of Nigeria Act relating to the appointment and removal of the CBN Governor and that his purported suspension amounts to unlawful interference in the administration and management of the apex bank and is illegal, null and void. He urged the court, in the interest of justice, to grant his reliefs.
The suit is yet to be assigned for hearing.
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