The
Federal High Court, Abuja will on May 3, 2016 begin hearing in a suit
filed by 10 plaintiffs against the Governor of the Central Bank of
Nigeria, Mr. Godwin Emefiele.
The
suit was filed on behalf of Achilike Anderson and nine others
by their counsel, Ezenwa Ibegbunam.
In the suit Number FHC/ABJ/CS/218/16, the
plaintiffs are seeking 10 reliefs, including an order directing the Economic
and Financial Crimes Commission to arrest and prosecute the CBN governor for
“offences of money laundering, unlawful, illegal and fraudulent direct cash payment
to the Office of the National Security Adviser via a letter dated
November 26, 2014 referenced: NSA/366/S.”
Besides
the CBN governor, other defendants are the President of the Federal Republic of
Nigeria (second defendant); the EFCC (third defendant); and the Senate of the
Federal Republic of Nigeria (fourth defendant).
The
plaintiffs are seeking “an order directing the second defendant (the President)
pursuant of Section 11 (2) (c) and (f) of the CBN (Establishment) Act Cap C4
LFN 2004 to write to the fourth defendant (Senate)” praying for the removal of
the CBN governor.”
They
are also asking the court to order the EFCC to carry out an investigation into
the “unlawful, illegal, and fraudulent act of the first defendant in making
direct cash payment to the office of the NSA.”
The
plaintiffs urged the court to declare that by “virtue of the combined
effect of Sections 1 and 10 (1) of the Money Laundering (Prohibition) Act 2004,
the act of the first defendant (the CBN governor) in making direct cash
payment in various sums of money to the Office of the NSA under the cover of
‘special services” in excess of the authorised limit cash payment and without
giving the requisite report in writing within seven days to the third defendant
(EFCC) constitutes a gross abuse of and misconduct in relation to the
discharge of his duties.”
They
are demanding that the court should declare that the special cash payment to
the NSA office constitutes “a flagrant abuse of financial regulations,
lacking in due process and therefore illegal and unlawful.”
The
plaintiffs are seeking a declaration that the first defendant is in breach of
his statutory duty to promote sound financial system in Nigeria; ensure
monetary stability and provide financial advice.
They
asked the court to declare that the CBN governor has “misconducted” himself in
the discharge of his duties such that pursuant to Sections 5 (1) (B), (D); (E)
(H), (I), (L) and 6 of the EFCC Act,2002, the anti-graft commission had the
powers to investigate the cash payment to the NSA office.
They
want the court to declare that the President is under the obligation to write
the Senate praying for the removal of Emefiele as the CBN governor.
Beside
the cash payment, the plaintiffs are seeking a declaration that the first defendant
(Emefiele) in employing 91 persons as members of staff of the CBN “amounted to
gross act of misconduct, abuse of office and breach of due process and
therefore illegal, void and of no effect.”
They
are urging the court to “set aside and/or nullify the employment, offer of
employment or hiring of the 91 persons by the first defendant (Emefiele) for
being illegal and lacking in due process.”
The
summons was taken by Ezenwa Ibegbunam of Ezenwa Ibegbunam and Co, Abuja.
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