Sanusi's Suit Against Jonathan Over Suspension Dismissed by Federal High Court
The lawsuit filed by the suspended CBN Governor Lamido Sanusi against President Goodluck Jonathan over his suspension from office was today dismissed by the Federal High Court sitting in Abuja.
The Federal High Court ruled that it lacked jurisdiction to entertain the suit, explaining that, since it is essentially a dispute between an employer and their employee, the matter should be heard by the National Industrial Court.
It would be recalled that Sanusi had in February challenged his controversial suspension from fulfilling his duties as a Governor of the Central Bank of Nigeria. President Goodluck Jonathan, Attorney General of the Federation Mohammed Adoke, Inspector General of Nigeria Police Force Mohammed Abubakar were named the first, second and third defendants respectively.
In the lawsuit, Sanusi, whose tenure ends in June, demanded that the defendants be restrained from "obstructing, disturbing, stopping or preventing him in any manner whatsoever from performing the functions as Governor of the CBN". He also sought to be allowed to fully enjoy the statutory powers and privileges attached to the office, arguing that any delay might cause him irreparable and serious damages.
Sanusi had previously obtained two separate judgments from the Federal High Court in Lagos, against the Federal Government since his suspension.
The first was the one awarding N50m against the AGF and the State Security Service for seizing his passport on the day he was suspended.
The second judgment restrained the Financial Reporting Council of Nigeria from investigating Sanusi on the grounds of bias.
Counsel to the President Mr. Fabian Ajogwu (SAN) had in his preliminary objection, challenged the jurisdiction of the court to entertain the suit. He argued that by virtue of Section 254C (1) (a) of the 1999 Constitution, as amended, the Federal High Court lacked jurisdiction to entertain the suit. The plaintiff's suit, he said, fell under the purview of the National Industrial Court which had exclusive jurisdiction to entertain matters relating to employer-employee issues like in the instant case.
Mike Ozekhome and Solomon Umoh, counsel to the Attorney-General and Inspector-General of Police, respectively, had also aligned with Mr. Ajogwu's arguments on jurisdiction.
“The dispute between the plaintiff and the president pertain to issues bordering on the plaintiff’s employment, which is a matter for the National Industrial Court.
“I urge my lord to wash his hands off the case, like Pontius Pilate did, and dismiss the suit,’’ Mr. Ozekhome said.
However, Kola Awodein, Mr. Sanusi’s counsel, while arguing on point of law, said that the defendant’s counsel got it wrong by assuming that the case was about his client’s employment.
“Our suit as formulated is not about employment as the plaintiff is not an employee of the president, especially looking at the issues for determination and the relief sought.
“It is clear that the court is invited to interpretative duty to declare what the law is within the purview of Section 251 of the constitution,’’ Mr. Awodein said.
The plaintiff’s lawyer, Kola Awodein (SAN), had during the hearing of the suit challenging Sanusi’s suspension, argued that the President lacked the powers to unilaterally suspend the CBN governor.
On the main suit, they argued that the suspension of the plaintiff by the President was within his powers. They contended that the CBN was an agency of the Executive arm of the Federal Government, whose powers as contained in Section 5 of the Constitution is vested in the President.
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