The Lagos Division of the Federal High Court has restrained the Police, State Security Service (SSS) or their privies, from arresting the suspended CBN Governor, Malam Sanusi Lamido Sanusi.
The court also ordered that the sum of N50million be paid to Sanusi along with public apology for the damages caused him.
Pronouncing the Judgment on Thursday, Justice Ibrahim Buba said the suit filed by Sanusi is to enforce his fundamental right which is recognisable by the Federal High Court and thus dismissed a preliminary objection filed by Dr Fabian Ajogwu (SAN), on behalf of the Attorney-General of the Federation (AGF), which challenged the jurisdiction of the court to hear the suit.
In February, Sanusi had filed the suit through his counsel, Prof Yemi Osibanjo (SAN), against the AGF, Inspector-General of Police (IGP) and the SSS; praying the court to restrain the trio from arresting, detaining or harassing him in any way.
In order to weaken Sanusi’s case, Dr Fabian Ajogwu (SAN) had challenge the jurisdiction of the court to hear the suit arguing that the suit should have been instituted in the National Industrial Court instead of the High Court where it was brought since the matter in contention is purely labour related.
Buba maintained that the sections 11 of the Labour Act, allows the Federal High Court the jurisdiction in the issue. He explained that provisions of sections 251 of the Constitution vest jurisdiction of the FHC to entertain matters touching on enforcement of fundamental human rights which clearly is the case at hand.
“The averment by respondent that the matter is labour related is far from the truth; the first respondent is trying to set up another case for the applicant; It is a case of ‘shifting the goal post’ and making a case for the applicant”, Buba said.
“The facts deposed in the applicant’s originating summons and his affidavit, speaks for itself; it is a suit for enforcement of his fundamental right which is recognisable by the federal high court. The court allows any person who perceives that his rights are likely to be infringed on, to approach the court for redress”.
Buba condemned the first and third respondent for presenting conflicting averments to the court in their respective affidavits, observing that it means they acted in bad faith. He berated the averment of the third defendant as being frugal because there was no document occasioning the arrest or detention of the suspended CBN boss.
“The first respondent laboured to submit that the applicant is not entitled to a grant of perpetual injunction, but this court is of the opinion that for every infraction, the applicant is entitled to a relief. This court believes that the action of the respondents in this suit, deserves condemnation and exemplary damages”, Buba said.
To totally clear the doubts, the court restrained the three respondents from harassing Sanusi in any manner.
“A declaration that the first respondent acting through the officers of the third respondent or its privies, does not have any power to forcefully withdraw and keep the passport of the applicant for any reason whatsoever”, Buba declared.
He said the respondents do not have any power to forcefully withdraw and seize the passport of the applicant, without compliance with section 5 (1) of the Passport Miscellaneous Provisions Act 2004.
He also asserted that the forceful seizure and detention of applicant’s passport, is an unlawful violation of his right to freedom of movement, enshrined in section 35 of the 1999 Constitution and article 12 of the Charter on Human and Peoples Right Act.
Buba described the action of the respondent acting through the officers of the SSS, in forcefully arresting the Sanusi without due allegation or suspicion of a crime as unlawful violation of his right to personal liberty. Thus he restrained further action against the him.
“An order of this court is hereby made restraining the respondent, their agents, privies or any other law enforcement agency of the respondents, from further interfering, harassing or infringing on the personal liberty of the applicant”, he ordered.
He also ordered that the forcefully taken travel documents be returned.
