Justice Gabriel Kolawole of the Federal High Court, Abuja, on Wednesday
declined an ex-parte application filed by the suspended Governor of the
Central Bank of Nigeria(CBN), Lamido Sanusi.Sanusi had in the
application, 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.He had accompanied the ex-parte application
with documents, includinga letter dated February 19, 2014, addressed to
the plaintiff by the Secretary to the Government of the Federation,
titled:”Suspension from office.”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. He
ordered that the respondents be put on notice.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.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 withthe 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.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 determinationof his suit.Also to be
restrained are the Attorney General of the Federation (AGF) and the
Inspector General of Police (IGP).