Wednesday 26 February 2014
A Federal high presided by Justine Kolawale refused the suspended CBN governor Mallam Sanusi Lamido Sanusi an ex parte motion brought forward by him.
Mallam Sanusi had filed the motion on the 24th of February 2014, before the court urging the court to make an order of interlocutory injunction restraining the defendants from obstructing, disturbing, stopping or preventing him in any manner whatsoever, from functioning as the Governor of the Central Bank of Nigeria and enjoying in full, the statutory powers and privileges attached to the office.
While Sanusi urged the court to expeditiously grant his interlocutory application, he maintained that there might be irreparable and serious damage and mischief on him in the exercise of his statutory duties as the CBN Governor if there are further delays.
The ruling judge Justice Kolawole held that the court does not have the judicial powers to declare the suspension unlawful but to order that the plaintiff be reinstated to perform his duties as the Governor of the CBN.
Justice Kolawole added that the court can also, even where the tenure had lapsed, order the defendants to pay the plaintiffs such remunerations and allowances on the basis that the plaintiff’s suspension also carries with it the stoppage of his remuneration and allowances.
The trial judge further said, it is unsafe, judicially speaking to embark on far reaching interim orders which have all the attributes of a mandatory injunction without according the defendant a hearing.
The hearing of the motion has been adjourned to the 12th day of March 2014.
