The Federal
Government and the State Security Service have accused the suspended
Governor of the Central Bank of Nigeria, Mallam Lamido Sanusi, of financing
terrorism.
They made the
allegation in counter-affidavits they deposed to before a
Federal High Court which is hearing a suit instituted
by Sanusi. The ex-CBN chief is seeking a perpetual injunction
to restrain the SSS and the police from arresting him.
Sanusi’s lawyer,
Mr. Kola Awodein, who made reference to the allegation on
Monday, told the court it was an afterthought which
government came up with after seizing Sanusi’s passport.
Awodein said,
“The seizure of the applicant’s international passport by the third respondent,
is a violation of his freedom of movement.
“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.
“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.
“The law clearly
defines how such duties should be performed, and so, I invite your Lordship to
hold that the applicant has a cause of action against the respondent.”
The SSS had seized
Sanusi’s passport after he was suspended as CBN governor in
March. Following that, he had instituted the suit to restrain the
security agencies from arresting or harassing him.
The Attorney
General of the Federation, represented by Dr. Fabian Ajogwu (SAN), and Mr.
David Abuo and Mr. Moses Idakwo, representing the police and the SSS
respectively, asked the court on Monday to dismiss Sanusi’s suit
for lack of jurisdiction.
The AGF, the
Inspector-General of Police and the SSS are the first to third respondents
respectively.
The AGF’s counsel,
Ajogwu, argued that the applicant could not by his suit, seek to restrain the
respondents from performing their constitutional and statutory duties.
Ajogwu said, “My
Lord, this suit is speculative, hypocritical and an attempt to shield the
applicant from the machinery of the administration of justice, which the
Federal Government has started.
“My Lord, we
respectfully submit that the applicant is not entitled to a grant of perpetual
injunction, restraining the respondents from performing their constitutional
duties.”
Ajogwu, while
moving his preliminary objection to the suit, argued that the suit
bordered on employment and as such the provisions of Section 254 (c) 1 (d) of
the 1999 Constitution had vested jurisdiction to entertain such suit in the
National Industrial Court.
He said, “Section
254 (c) 1 (d) of the constitution vests exclusive jurisdiction in the NIC ,
with respect to civil cases 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, and strike out the suit.”
He also quoted
Justice Niki Tobi, a retired Justice of the Supreme Court, as saying,
“A court cannot
grant perpetual injunction on a mere prima facie case; 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.”
“I, therefore, urge
your Lordship, like the Biblical Pontius Pilate, to wash your hands off this
case, as it is not the affairs of this honourable court .”
Abuo and Idakwo,
also associated themselves with Ajogwu’s submissions.
But Idakwo
added that it was absurd for the applicant to argue that an interaction
with the SSS for less than an hour, amounted to a violation of his rights.
He maintained that
the provisions of Section 6 of the National Security Agencies Act, empowered
the Service to impound the international passport of a suspect, pending the
conclusion of investigations.
He therefore urged
the court to strike out the applicant’s suit.
But Awodein
said it was untrue that his client was trying to prevent the security agencies
from performing their duties.
He said, “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 passport by the third respondent, is a violation of his freedom of
movement.
“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 the due process
of the law.
“The allegations
against the applicant as to funding of terrorism, is an afterthought by the
respondent, which is not backed by facts, as there is no reasonable suspicion
that the applicant committed any crime.
“The law clearly
defines how such duties should be performed, and so, I invite your Lordship to
hold that the applicant has a cause of action against the respondent.”
He maintained that
the court was clearly vested with jurisdiction to hear the suit.
The counsel
added that the suit had nothing to do with the terms of employment of the
applicant or industrial relation as submitted by Ajogwu.
He argued that the
applicant in his originating summons, never sought for an order of perpetual
injunction, adding that the reliefs sought were qualified.
He also urged
the court to dismiss the preliminary objection of the respondents, and uphold
the case of the applicant.
Justice Ibrahim
Buba after taking parties’ argument adjourned ruling till April 3.
The court had on
February 21, granted an interim order of injunction, restraining the
respondents from arresting, detaining, or harassing Sanusi pending
the determination of the motion on notice.
This is the worset Gov we ever had in nigeria, All nigerains knows PDP, Goodluck are the Boko Haram we has in government
ReplyDeleteAs long as PDP rules these country we are finished, do you want to used this and divert our attention what of the missing funds in NNPC
ReplyDeleteAm coming to start believing Nyako cos if it is true that almost 200 BH inmates escape from d DSS facility then the conspiracy theorist fingering FG or presidency behind d insurgence is coming closer to truism. How on earth SSS want us to believe that dangerous inmates that declare war against the state will assess weapon from within to spearhead a break. KAI! More questions than answers EHE!
ReplyDeleteIt is apparent that Jonathan is hell bent on blackmailing Sanusi for exposing the monumental corruption in NNPC. God will punish Jonathan and his generation in a hard way. Shameless ogogoro man.
ReplyDeleteVictory Ofuchi, leave GEJ alone. Go vex for ur papa wey no get name even in ur community. Jona papa don train am & his now a serving president with a second term in view. U can't take dat away frm him.If u write Nigeria history, his name must appear how about ur family name from ur ancestors to ur child name won't apar in Nigeria's history books.
ReplyDelete