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Sanusi awarded N50 Million in damages by Courts

Friday, April 4, 2014

A Federal High Court in Lagos has restrained the Nigeria Police and the Department of State Services from arresting or harrassing the suspended Governor of the Central Bank of Nigeria, Sanusi Lamido.  The court also ordered the DSS to release Mr. Sanusi’s passport to him immediately while also awarding the embattled CBN boss N50 million in exemplary damages.

Mr. Sanusi’s passport was seized on February 20, as he arrived the Lagos international airport, hours after he was suspended as CBN Governor by President Goodluck Jonathan.  He was briefly detained as well and Mr. Sanusi, in separate suits, had challenged his suspension, and asked for enforcement of his fundamental rights as enshrined in the Nigerian constitution.

The court, on February 21, granted an interim order, restraining the respondents from arresting, detaining, or harassing the applicant pending the determination of the substantive suit.  The interim order was sequel to an affidavit of urgency filed by the applicant on the same date.

On Monday, the court adjourned to April 3 ruling on the preliminary objection raised against the restraining order by the SSS and the police.  The court has now ruled, saying the government and its agencies have no basis to arrest or harass Mr. Sanusi.  The court also frowned at the seizure of the CBN Governor’s travelling documents.  During the hearing of the rights’ suit, on Monday, the respondents: the Attorney General of the Federation, AGF; the Police; and the SSS  all  made different claims.

The agency SSS said it was investigating Mr. Sanusi for allegedly financing terrorism.  The SSS’ counsel, Moses Idakwo, said Mr. Sanusi’s interaction with SSS officials did not last for up to an hour and did not constitute a violation of his rights.  He then said the provisions of Section 6 of the National Security Agencies’ Act empowered the Service to impound the international passport of suspects pending the conclusion of investigations.

On Monday, however, Mr. Sanusi’s counsel, Kola Awodehin, accused the SSS of falsehood in its new claim against the bank chief, saying the agency had no shred of evidence.  The counsel to the AGF, Fabian Ajogwu, had objected to the suit, urging the court to strike it out for want of jurisdiction.

Mr. Ajogwu argued that the provisions of Section 254 (c) 1 (d) of the 1999 Constitution (as amended) ousted the court’s jurisdiction to entertain the suit.  He noted that the case before the court borders on the applicant’s employment, saying that labour -related cases are within the exclusive jurisdiction of the National Industrial Court, NIC.

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