The Federal Government and the Department of State Security Service have disclosed that the suspended governor of the Central Bank of Nigeria, Mallam Sanusi Lamido is being investigated on suspicions of being a major financier of terrorism in the country.
This allegation was made in a counter-affidavit to the suit filed by Sanusi before a Federal High Court sitting in Lagos, seeking an injunction to restrain the Federal Government or any of its agencies from arresting or harassing him.
In the counter-affidavit, the DSS informed the court that Sanusi’s international passport was seized to allow them carry out a thorough investigation. It therefore dismissed Sanusi’s claims that his rights were being violated.
The allegations of terrorism have however been denied by the suspended apex bank Governor. Sanusi’s counsel, Mr Kola Awodein, SAN, noted that the Federal Government is yet to provide any evidence to support the claim.
Counsel to the Attorney-General of the Federation (one of the respondents), Dr Fabian Ajogwu, SAN, has also moved a preliminary objection to the suit filled by Sanusi. He urged the court to strike it out claiming that it lacked the jurisdiction to entertain such a case.
“Section 254 (c) 1 (d) of the Constitution vests exclusive jurisdiction on the National Industrial Court, with respect to civil cases or matters touching on employment, labour or industrial relations.
“We respectfully urge the court to hold that it has no jurisdiction to entertain the reliefs sought by the applicant, and strike out the suit.”
“My lord, we respectfully submit that the applicant is not entitled to a grant of perpetual injunction, restraining the respondents from performing their constitutional duties,” he said.
“A court cannot grant perpetual injunction on a mere prima facie case. The applicant’s suit is basically an action to shield him from the machinery of administration of justice, which has been kick-started by the respondents.
“I therefore, urge your lordship, like the Biblical Pontius Pilate, to wash your hands off this case, as it is not the affairs of this honourable court,” the AGF’s Counsel said.
In response to the preliminary objection and counter-affidavit, Sanusi’s counsel argued that the court has jurisdiction to hear the suit. He noted that the suit had nothing to do with the terms of employment of the applicant or industrial relation as argued by the first respondent, since it was not a case of the applicant against the Central Bank of Nigeria.
He further argued that “it cannot be suggested that the applicant is restraining the respondents from performing their duties, but they must be restrained from doing so, without due process of the law. The seizure of the applicant’s international passport by the third respondent is a derogation of his freedom of movement.
“The first to third respondents give conflicting reasons as to the complaint made against the applicant: This conflict goes to show that they acted without due process of the law.
“The allegations against the applicant as to funding of terrorism, is an after-thought by the respondent, which is not backed by facts, as there is no reasonable suspicion that the applicant committed any crime. The law clearly defines how such duties should be performed, and so, I invite your lordship to hold that the applicant has a cause of action against the respondent.”
The court has reserved ruling till April 3.
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