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.
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.
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.
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).
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).
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