The suspension of MALLAM SANUSI LAMIDO SANUSI as Governor
of the Central Bank of Nigeria is nothing but a fight back by the powerful forces
of corruption in the structure of the Nigerian State. It is sad that a regime
that seeks to be perceived as fighting corruption can have the effrontery to
suspend a CBN governor who has been revealing leakages in the fuel subsidy scam
in Nigeria.
The position of the law
is that the right to suspend must be
expressly stated; it cannot be implied (See Warburton v. Taff Vale
Railway Co. (1902) 18 TLR. 420). Section 8(1) of the Central Bank of Nigeria
Act 2007 provides that the Governor and Deputy Governors “shall be appointed by
the President subject to confirmation by the Senate”. In the same way, the
proviso to section 11 (2) of the CBN Act
states that the removal of the Governor, Deputy Governor and Director of
the CBN by the President is subject to being supported by two-thirds majority
of the Senate. From the foregoing provisions of the CBN Act, there is no
provision for the suspension of the CBN Governor, Deputy Governor or Director.
The suspension of MALLAM SANUSI LAMIDO
SANUSI is therefore not only illegal, it is ultra vires the powers of Mr.
President.
The legal fight to resist the
illegal removal of MALLAM SANUSI LAMIDO
SANUSI should not be left to Sanusi alone but should be taken up by the
National Assembly, whose role in a removal process has been usurped by Mr.
President. The Senate should not only reject the nominees of Mr. President to
replace MALLAM SANUSI LAMIDO SANUSI, it
(Senate) should also invoke the provisions of the Supreme Court (Additional
Jurisdiction) Act, No. 3, 2002 CAP S16, LFN 2004 and challenge, in the court of
law, the patent illegality of the usurpation of the statutory role prescribed
for the Senate in the suspension of Sanusi as the CBN Governor.
Although I do not agree with MALLAM SANUSI that the NNPC ought not
to be subsidizing kerosene on the ground that a Presidential directive had allegedly
terminated subsidy on this product, which is used by majority of poor Nigerians,
the import of SANUSI’s position, which we should not lose sight of, is that
fuel (petrol and kerosene) subsidy has been used as a pretext of looting public
wealth by a few. From this standpoint, Sanusi and the anti-corruption cause he
represents should be supported by well meaning Nigerian masses. Although Mallam
Sanusi Lamido Sanusi had advocated certain anti-worker and anti-people
positions in the past, particularly on rationalization of mass sack of workers,
removal of petroleum subsidy, and so on, all those retrogressive positions he
had taken in the past are no basis for supporting the injustice being meted out
to him at the present time. Injustice must be condemned at all times, regardless
of the person or class of persons who happens to be the victim.
Femi Aborisade, Esq.
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Right. But don't forget this is Nigeria. A country where snipers are around. So be guided.
ReplyDeleteThe President does not have right to sack CBN Governor therefore let him go back to his office and continue looting .
ReplyDeleteBecause he appointed himself.Abegi.
DeleteThe evil that men do... Those who live by sword .... Sanusi is reaping part of what he sow. More will come on him.
DeleteWhatever a man sow shall he reap. Sanusi is reaping part of what he sow. More will soon come.
DeleteTell me the power the president has if he did not have the right to sack sanusi if he remove smbody all of u will be shouting president did not have the right to do it.....so whats the president right then?
ReplyDeleteThe Nigeria law makers should stop deceiving us that the president has no power to sack some one he employed, i strongly believed that Sanusi is a BH sponsor
ReplyDelete