Sanusi floors FG in court, former CBN Governor awarded N50m damages

The Nigeria Police and the Department of State Services, have been restrained by a Federal High Court in Lagos, from arresting or harrassing the suspended Governor of the Central Bank of Nigeria, Sanusi Lamido Sanusi. The DSS was also ordered by the court, to release Mr. Sanusi’s passport to him with immediate effect, while awarding the Kano Prince N50million in exemplary damages.
Mr. Sanusi’s counsel, Kola Awodehin, accused the SSS of falsehood in its new claim against Sanusi and declared that the agency had no evidence against his client.

Fabian Ajogwu, the counsel to the AGF, had objected to the suit, urging the court to strike it out for lack of jurisdiction.
Ajogwu postulated that the provisions of Section 254 (c) 1 (d) of the 1999 Constitution (as amended) ousted the court’s jurisdiction to entertain the suit.
He also pointed out that the case before the court, borders on the
applicant’s employment, saying that labour-related cases are within the exclusive jurisdiction of the National Industrial Court, NIC.
“Section 254 (c) 1 (d) of the Constitution vests exclusive jurisdiction on the National Industrial Court, with respect to civil causes or matters touching on employment, labour or industrial relations.
“We respectfully urge the court to hold that it has no jurisdiction to entertain the reliefs sought by the applicant,” he said.

The counsel urged the court to strike out the suit.
Mr. Ajogwu also argued that the applicant should not, by the suit, seek to restrain the respondents from performing their constitutional duties. He argued that Mr. Sanusi was being investigated based on the FRCN’s claims. He said the suspended bank chief was being investigated in accordance with the provisions of the law, which the respondents had a statutory duty to perform.
“The applicant’s suit is basically an action to shield him from the machinery of administration of justice, which has been kick-started by the respondents,” Mr. Ajogwu submitted.
Although the AGF said Sanusi was being investigated based on the FRCN investigations, the Police denied it was investigating the embattled bank chief. David Abuo, the counsel to the Police, said nobody ever reported Mr. Sanusi. He however took sides with Ajogwu and asked for the case to be struck out, as it hinders the government agencies from doing their work.
However, responding to the respondents’ preliminary objection, counsel to Mr. Sanusi, Mr. Awodehin submitted that the court was vested with the jurisdiction to entertain the suit.
He argued that the suit had nothing to do with the terms of employment of the applicant or industrial relations, since it was not a case of the applicant against the Central Bank of Nigeria.
He argued that the applicant never sought an order of perpetual injunction, adding that the reliefs he sought were qualified.
“It cannot be suggested that the applicant is restraining the respondents from performing their duties, but they must be restrained from doing so without due process of the law.
“The seizure of the applicant’s international passport by the third respondent is a derogation of his freedom of movement,” he said.
Mr. Awodehin also argued that the different submissions by the three respondents showed that laws were being violated in Mr. Sanusi’s treatment.
“The first to third respondents give conflicting reasons as to the complaint made against the applicant.
“This conflict goes to show that they acted without due process of the law,” he said.
The counsel also argued that the SSS’ claim of financing terrorism was bogus.
“The allegation against the applicant as to funding of terrorism is an afterthought by the respondents which is not backed by facts, as there is no reasonable suspicion that the applicant committed any crime,” he said.
He urged the court to dismiss the preliminary objection and uphold the case of the applicant.