Court Refuses To Grant Sanusi’s Ex Parte Motion

image

A Federal High Court presided over by Justice Gabriel Kolawole has declined granting an ex parte motion brought before it by the suspended Governor of the Central Bank of Nigeria (CBN), Mallam Sanusi Lamido Sanusi, seeking his reinstatement as the governor of Nigeria’s apex bank.

Mr Sanusi had filed the motion on the 24th of February 2014, before the court praying 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 urging the court to expeditiously grant his interlocutory application, Sanusi maintained that any delay might cause irreparable and serious damage and mischief on him in the exercise of his statutory duties as the CBN Governor.

Ruling on the application, 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.

Hearing of the motion has been adjourned to the March 12

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s