Court to decide on May 20 whether or not to reinstate Sanusi
The Federal High Court sitting in Abuja yesterday fixed May 20 to decide whether the suspended Governor of the Central Bank of Nigeria CBN, Mallam Sanusi Lamido Sanusi will be reinstated into his office or not.
The Federal Government had on February 19 suspended Sanusi over reports by the Financial Reporting Council of Nigeria FRCN alleging him (Sanusi) of Financial recklessness.
Not satisfied with his suspension,Sanusi had through his counsel, Kola Awodein SAN approached the court challenging his suspension and praying for an order of reinstatement.
Joined in the suit are President Goodluck Jonathan, Attorney General of the Federation and the Inspector General of Police as first to third respondents.
All the respondents have earlier brought a Preliminary Objection praying the court to dismiss the the suit.
Arguing the Originating Summons, Sanusi through his counsel told the court that the CBN Act effectively prohibits the President from suspending the CBN Governor.
He argued that the intention of the legislature who enacted the CBN Act is not to give powers to the Executive to suspend.
He however submitted that the intention of the Act is to make the CBN operationally indepedent so that there will not be any interference with the operation independence except as permitted by the CBN Act.
Awodein further submitted that the defendant has unlawfully interfered with the operational independence with the suspension of the CBN governor and that the interference has grave consequences on our monetary policies.
He further argued that the suspension can make nonsense of our monetary policies adding that the President can only do what is permitted by the law, otherwise, there will be chaos and that the suspension can lead to uncertainties in our monetary policies.
He further submitted that the President lacks power to suspend the governor of CBN regardless of any reason whatsoever.
He however added that, if at all, the President needs to suspend Sanusi, he should have done it properly.
Counsel to President Goodluck Jonathan Fabian Ajogwu SAN , in his response to Sanusi's argument said that the CBN governor was suspended for awarding contracts beyond his approval limit.
He argued that for the suspended governor to be properly investigated, he must step aside.
He also argued that that Section 2 of the CBN Act is clear on the functions of the apex bank but instead of carrying out such functions, the Plaintiff was going about doing some other things that were not included in his functions.
He however urged the court to dismiss Sanusi's case for lacking in merit.
In his own submission, counsel to the AGF, Chief Mike Ozekhome SAN argued that the suspension of the plaintiff was in order an DiThe court should so hold.
He added that the President did not just suspend the CBN Governor rather it was based on solid hard fact that the plaintiff cannot explicate himself from. He further stated that the plaintiff has agreed that he was duly suspended and that an acting governor appointed.
Ozekhome also argued that the CBN Act did not address the issue of suspension. He cited Section (2)(b) only provides for dismissal having taken for granted the issue of suspension.
He noted that it is implied that whoever employs can suspend adding that the CBN Act did not forbid suspension adding that what is not prohibited by a statute is definitely allowed.
He also submitted that there was no contrary intention in the CBN Act that the Governor cannot be suspended.
He further submitted that the CBN governor is not an island on his own and that he is responsible to the President who signed his letter of appointment and determines his remuneration.
He however submitted that the suspension of Sanusi was in order.
Counsel to the Police also aligned himself with the submission of the two counsel and urged the court to uphold the suspension of Sanusi.
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