…Transfer Suit to National Industrial Court
A Federal High Court sitting in Abuja on Tuesday, declined jurisdiction to entertained the suit challenging the suspension of Governor of the Central Bank of Nigeria (CBN) Mallam Sanusi Lamido Sanusi by President Goodluck Jonathan.
Presiding judge, Justice Gabriel Kolawole transferred the suit to the National Industrial Court for adjudication, leaving it to the direction of the president of the court.
Sanusi instituted the case at the Federal High Court,Abuja Division in March this year through an originating summon he filed sequel to his suspension from office by President Goodluck Jonathan on February 19, 2014. He had prayed the court to declare his suspension as null and void and to restore him as the Governor of the Apex bank even though his tenure will officially expire by the end of May 2014.
Kolawole said, in his 84-paged judgment, that the federal high court lack jurisdiction to entertain the prayers of the plaintiff as ” the bottom line ” borders on issues of employment. He said that the National Industrial Court Act 2007 took all matters relating to Labour and employment from the Federal High Court therefore his court can not exercise jurisdiction in order not to defeat the power conferred on the National Industrial Court by the Constitution of the Federal Republic of Nigeria 1999 as amended.
Kolawole disagreed with Sanusi’s argument that the CBN governor is not an employee of the federal government. He explained that CBN is an agency of the federal government and its governor is derived from the CBN Act 2007, therefore Sanusi is a public servant. He further held that the position of a CBN governor is not a creation of the Constitution of federal republic of Nigeria but CBN act therefore the governor cannot enjoy constitutional favour like the elected officers or judges whose appointments is not covered by the act establishing the National Industrial Court.
The court refused to dismiss the legal action as prayed by Jonathan instead, it referred it to the National Industrial Court for proper adjudication having been found to be labour related matter.
The court said that no relief was sought against the 3rd defendant, the Inspector General of Police (IGP), therefore it dropped his name from the suit leaving the President and Attorney General of the federation as co-defendants to the suit.
The judge also queried the rationale behind the plaintiff prayer to nullify the appointment of Mrs. Sarah Alade as the Acting Governor of CBN when neither the CBN or the Acting governor was jointed as defendants.
The three defendants had insisted that the case was connected and related to labour matter bordering on employment and ought not to have being brought before a federal high court and thus should be dismissed.
However, Kolawole, in the judgment disagreed with the defendants, saying the case has no justifiable cause of action. He added that from the relief of the Plaintiff (Sanusi), the case was properly filed and disclosed sufficient cause of action against Jonathan and the Minister of Justice.
In transferring the case, the court invoked section 24 of the National Industrial Court Act 2012 instead of the outright dismissal prayed by the defendants.
