The Federal Government also noted that “from facts gathered from the Financial Reporting Council of Nigeria, the applicant has not conducted himself with the prudence, calmness, decency and decorum expected of a person occupying his high office.
“The plaintiff behaved more like a politician, delivering soapbox speeches against his appointor, government and economy, in a manner quite unbecoming of his office, whilst flip-flopping with figures of allegedly “missing” money.
“He was not a master of his primary sphere of engagement and did not display the revered qualities of a technocrat.”
The Federal Government told the court that contrary to Sanusi’s claim that his suspension has resulted in a loss of confidence in the country’s economy, the direct opposite is the case as foreign investors have applauded the development.
“Contrary to the applicant’s claim there is neither uncertainty nor instability in the economic management, nor is there any loss of confidence by both local and foreign operators in the financial markets.
“Rather, his suspension has brought back confidence and faith in the Nigerian economy, with foreign investors applauding the suspension as “good riddance to bad rubbish”.
“The international community that has welcomed and accepted the suspension of the applicant, with the economy suddenly having an upsurge bounce.
“Indeed, the naira, which had exchanged for less than N140 to the naira, before the applicant’s appointment, but which went down abysmally to over N173 to the dollar in the week of the plaintiff’s suspension has suddenly bounced back.”
The Attorney-General of the Federation, Mohammed Adoke, SAN in his notice of preliminary objection, asked the court to dismiss the suit filed by Sanusi for lack of competence. The AGF argued that the court lacked the jurisdiction to hear the suit, claiming that it involved labour and employment issues over which the National Industrial Court has exclusive jurisdiction by virtue of section 254C (1) of the Constitution of the Federal Republic of Nigeria, 1999, as amended.
The Federal Government also dismissed Sanusi’s claims that he was removed from office because of the disclosures he made concerning the sum of $20bn which the Nigerian National Petroleum Corporation allegedly failed to remit to the national treasury.
“Rather, it is the plaintiff that is being investigated for financial recklessness, unauthorised and unbudgeted for humungous donations to charities, social causes, building of hotels, conference centres, helipads, donations to universities, etc, all of which are not within the core areas of CBN’s mandate.
“His profligacy and wastefulness, dipping his hands freely into CBN funds, contrary to extant laws such as the FRCN Act, Fiscal Responsibility, CBN Act, Public Procurement Act, and the Constitution of Nigeria, amongst others, had contributed immeasurably to damaging Nigeria’s monetary and fiscal policies, and rendered her a laughing stock before international circles,” the Federal Government said.
On Sanusi’s claims that the President had no power to suspend him, the Federal Government noted that “from the provision of the CBN Act and other statutes including the Constitution of Nigeria, the President has oversight functions over the applicant, while the applicant is severally answerable and responsible to the President, the National Assembly and the Minister of Finance.”
“It will be out of place, to have the applicant preside over his own cause and over the CBN as he is both the Chairman of CBN and the CEO of the apex Bank.”
“It is even in the best interest of the applicant that he temporarily vacates his office and be prevented from interfering with the investigation of activities relating to allegations of monumental financial recklessness, so as to prevent him from any undue influence over the investigating committee.
“The 1st Respondent has not acted contrary to the CBN Act or any other law in the suspension of the applicant, but has obeyed all laws and the Constitution of Nigeria.”
The court presided over by Justice Gabriel Kolawole has fixed April 8 to hear Sanusi’s originating summons and the defendants’ preliminary objection.
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