Court Adjourns Sanusi’s Suit Against FG To April 8

A Federal High Court in Abuja on
Wednesday adjourned to April 8, hearing
in Malam Lamido Sanusi, the suspended
CBN Governor's suit, challenging his
suspension by President Goodluck
Jonathan.
The judge, Justice Gabriel Kolawole, said
that he would entertain both the
respondents' preliminary objection and
the originating summons filed by counsel
to Sanusi on April 8.
President Goodluck Jonathan and Lamido
Sanusi
Kolawole adjourned the case after
hearing the submissions of counsel on
whether or not the court had jurisdiction
to entertain the suit.
"The drafters of the law did not state
categorically which case can be
determined by taking both the
preliminary objection and originating
summons together.
"In the instant case, where time is of
essence, so that the plaintiff's tenure
does not expire before the case is
determined, the court rules necessitate
we hear both applications together.
"By Order 1 Rule 4 of the Federal High
Court, it is judicially expedient that the
hearing of the originating summons be
heard with the preliminary objection,''
Kolawole said.
Sanusi had on Feb. 24, through his
counsel, Mr Kola Awodein (SAN),
challenged his suspension by the
president.
President Jonathan, Attorney-General of
the Federation and Inspector-General of
Police were joined as co-defendants.
Sanusi had in an originating summons
prayed for interlocutory injunction
restraining the president from
suspending him and for the court to
reinstate him as CBN Governor.
The suspended CBN governor also
prayed the court to declare his
suspension as a nullity pending the
determination of the suit.
At the resumed hearing of the matter on
Wednesday, Sanusi's counsel had prayed
the court to hear both the originating
summons and the preliminary objections
together.
But the president's counsel, Mr Fabian
Ajogwu, (SAN), in his preliminary
objection, challenged the jurisdiction of
the court to entertain the suit.
Ajogwu argued that by virtue of Section
254C (1) (a) of the 1999 Constitution of
Nigeria, as amended, the Federal High
Court lacked jurisdiction to entertain the
suit.
Mr Mike Ozekhome (SAN), counsel to the
Attorney-General, had also aligned with
Ajogwu's arguments on jurisdiction.
Ozekhome argued that taking the two
processes together tantamount to the
court overruling the preliminary
objection, while the court, in fact, lacked
jurisdiction to entertain the suit.
"I urge My Lord to wash his hands off the
case like Pontius Pilate did,'' he said.
He said that the law vests such power in
the National Industrial Court as the
dispute between the plaintiff and the
president relates to matters arising from
the plaintiff's employment. [NAN]