Justice Gabriel Kolawole of the Federal High Court, Abuja, on Wednesday
declined an ex-parte application filed by the suspended Governor of the
Central Bank of Nigeria(CBN), Lamido Sanusi.Sanusi had in the
application, 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.
He had
accompanied the ex-parte application with documents, includinga letter
dated February 19, 2014, addressed to the plaintiff by the Secretary to
the Government of the Federation, titled:”Suspension from
office.”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.
READ MORE AFTER THE CUT............................
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.
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 withthe 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.
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 determinationof his suit.Also to be restrained are the Attorney
General of the Federation (AGF) and the Inspector General of Police
(IGP).
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