…Ask National Industrial Court to Stay Proceeding
Uncertainty on Friday, beclouded the hearing of the suit against President Goodluck Jonathan and two others, filed by the suspended Governor of Central Bank of Nigeria (CBN), Mallam Sanusi Lamido Sanusi over his suspension as CBN governor when Sanusi and the three respondents submitted separate appeals and applications for stay of proceeding.
The appeals and applications followed the decision of the federal high court, which declined to hear the suit filed by Sanusi against Jonathan, Attorney General of the Federation (AGF) and Inspector General of the Police after he was suspended from office.
The federal high court consequently referred the matter to the National Industrial Court for adjudication and resolution.
But at the resumed hearing of the suit on Friday at the National Industrial Court in Abuja it seem both the plaintiff and respondents are bent on appealing, as they have filed applications before the National industrial court asking the court to stay proceedings in the matter owing to the notices of appeal challenging the decision of the federal high court filed separately by the duo.
Sanusi contended that the federal high court has jurisdiction to entertain his case. He relied on the provision of section 251 of the Nigerian constitution which gives the federal high court jurisdiction to entertain matters in which the federal government or agencies are party.
On the other hand, the federal government appealed the decision of Justice Gabriel Kolawole which transferred the case to the National industrial court, arguing that since the federal high court held that it lacks the jurisdiction to entertain Sanusi’s case, it ought to have struck the matter out rather than transfer it to the National Industrial court.
The government also contends that the trial court erred in striking out the Inspector General of Police from the suit before transferring the matter to the National industrial court. It argues that the trial court had no business transferring the suit piecemeal and as such, it appeared that it is making out a case contrary to what Sanusi filed before it.
Mr. Mike Ozhekome (SAN) who represented the federal government at Friday’s proceedings pointed out that Sanusi’s case was instituted against three parties and not two.
President of the court, Justice Adebayo Adejumo, acknowledged the pending applications by Sanusi and the federal government wherein both parties are seeking stay of proceedings on the matter and adjourned to 13th June, 2014 to hear both applications before determining how to proceed with the matter.
Sanusi is due to retire by 3rd June before he was suspended.
He had urged the court to restrain the defendants particularly, Jonathan from giving effect to his purported suspension from office as the Governor of the Central Bank of Nigeria, pending the determination of his suit.
He also prayed the court to order an interlocutory injunction restraining the defendants from obstructing, disturbing, stopping or preventing him from in any manner whatsoever from performing the functions of his office as the CBN governor while enjoying in full, the statutory powers and privileges attached to the office
