The Federal Government and State Security Service have accused the suspended Governor of the Central Bank of Nigeria, Mallam Lamido Sanusi, of financing terrorism.
They made the allegation in their counter-affidavits before a Federal High Court opposing a suit instituted by Sanusi, who is seeking a perpetual injunction to restrain the SSS and the police from arresting him.
Sanusi’s lawyer, Mr. Kola Awodein, who raised the allegation in open court on Monday, denied it, describing it as an afterthought which government came up with after seizing his clients passport.
He said, “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 afterthought 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.”
Government had seized Sanusi’s passport after it suspended him as CBN governor in March. Following that, he had instituted the suit to restrain the security agencies from further arresting or harassing him.
The Attorney-General of the Federation, represented by Dr. Fabian Ajogwu (SAN), and Mr David Abuo and Mr. Moses Idakwo, representing the police and the SSS respectively asked the court on Monday to dismiss the suit for lack of jurisdiction.
The AGF, the Inspector-General of Police and the SSS are the first to third respondent respectively.
The AGF’s counsel, Ajogwu, argued that the applicant could not by his suit, seek to restrain the respondents from performing their constitutional and statutory duties.
Ajogwu said, “My Lord, this suit is speculative, hypocritical and an attempt to shield the applicant from the machinery of the administration of justice, which the Federal Government has kick-started.
“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.”
Ajogwu, while moving his preliminary objection to the suit, argued that the suit bordered on employment and such the provisions of section 254 (c) 1 (d) of the 1999 Constitution had vested jurisdiction to entertain such suit on the National Industrial Court.
“Section 254 (c) 1 (d) of the Constitution vest exclusive jurisdiction on the National Industrial Court, with respect to civil causes 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 sort by the applicant, and strike out the suit,” he said
He also quoted Justice Niki Tiki Tobi (a retired Justice of the Supreme Court) as saying, “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 his hands off this case, as it is not the affairs of this honourable court,” he said.
Abuo and Idakwo, also associated themselves with Ajogwu’s submissions.
But Idakwo added that it was absurd for the applicant to argue that an interaction with the SSS for less than an hour, amounted to a violation of his rights.
He maintained that the provisions of section 6 of the National Security Agencies Act, empowered the Service to impound the international passport of suspects, pending the conclusion of investigations.
He therefore urged the court to strike out the applicant’s suit.
But Awodein said it was untrue that his client was trying to prevent the security agencies from performing their duties.
He said, “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.
He maintained that that the court was clearly vested with jurisdiction to hear the suit.
He insisted that the suit had nothing to do with the terms of employment of the applicant or industrial relation as submitted by Ajogwu.
He argued that the applicant in his originating summons, never sought for an order of perpetual injunction, adding that the reliefs sought were qualified.
He urged the court to dismiss the preliminary objection of the respondent, and uphold the case of the applicant.
Justice Ibrahim Buba after taking parties’ argument adjourned ruling till April 3.
The court had on February 21, granted an interim order of injunction, restraining the respondents from arresting, detaining, or harassing the applicant, pending the determination of the motion on notice. Click to signup for FREE news updates, latest information and hottest gists everyday
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jonathan GOD wl nt leav u go free o 4 dis thin u are doin 2 dis man,so u 4got u bring back another thiev from prison nd no body say anythin,but u are here callin another person terrorist,stupid idiot GOD wl punish ur generation.
ReplyDeleteIts you and your book haram generation that your blood sucking allah will first of all destroy. Evil blood sucking demons from the north! pack your load and leave, Nigerians don't need u for anything. good for nothing killers! He who kills by guns and sword will die by same! useless people
DeleteMr. Kola Awodein, how much did this book haram give you so as to speak pervade words? You defending a the if....you will be the next Vitim of attack.!
ReplyDeleteEverybody in d north knows Fed Govt headed by GEJ under minority CAN in d north are d primary suspect of BH sponsorers. By 2015 the truth shall prevail. I will see how GEJ will come back without north.
ReplyDeleteWe don't need you and your useless Muslim northerners to win elections. weather u and your book haram man eaters like it or not, GEJ will still win by fair vote, so go hug transformer and die plzzzzzzz. murderers! The innocent people u, sanusi and book haram are killing, their blood have started crying out for vengeance! idiots!
DeleteHow can this type of allegation be made without solid evidence? This is not a credible gesture from government.
ReplyDeleteZionist politicians. Where is our 20 billion dollars? No matter how GEJ try to crucify the messenger you cannot destroy the message. One day you will be out of power and Nigerians shall hold you to account for all the crimes you are committing.
ReplyDeleteAmongst the past presidents which have u held to account for their crimes? useless talk without actions equals to spent ammunitions. start from the past presidents and then unto the present one and people will take u seriously.
DeleteAre you a northerner? Why not worry about Osun and Ekiti elections in June and August first?
ReplyDeleteIt is people of low mentality like you in the North that is the problem of the North..So, Killing of innocent people , Children and women is for the north to prevail.In fact, You are a disgrace to humanity and require deliverance from your affliction. Oloshi. Barawo
ReplyDelete4:23 what can JANIS do in the north to determine election results. You talk as if you are God. God gives power not one feeble religious or cultural organisation in the north.
ReplyDeleteAm really perturbed by reactions of people over this accusation! Why do we use sentiment in assessing all issues in this country! Yes Sanusi was accused of sponsoring BH and the accusation was made in a law court! The onus lies on the accusers to prove it! It is their burden of proof.. Or do we think that the DSS will out of no where come out with accusations without any perceived evidences?? Yes, I can not hold brief for PDP and GEJ government over the 20 billion dollars, but their are a lot that happens in government we know nothing about. It's all a game of Chess. Yes the pdp has allegedly cornered 19.7 billion dollars for 2015 elections and Sanusi hitherto being a member of the party and a CBN gov have some gray info on it.. Same Sanusi is aware that DSS is caging on him as the financier of BH decided to play the chess game- a gambit- Blow the whistle and divert attention and skew the minds of Nigerians... Exactly what a good number of Nigerians are saying over the issue is what he'd expected. Personnaly I would prefer someone stealing 19.7 billion dollars in an effort to stay in government to someone pumping billions of public naira to heartless terrorist who kill and maim wantonly all in an effort to perpetuate selfish and religious agenda. Let it be known to all sentimental Nigerians in this fora that the FG and DSS has always known that this man is involved but because of the effect such pronouncement will have on our economy and perceived foreign economic impact they decided to thread softly. GEJ knew what he was saying that BH members are in his cabinet, in pdp. Sanusi stands tall in his statement; senator Ndume graces those list, and a host number of hitherto pdp members. Because of the fragile, sentimental, tribalistic and religious undertone all these comes with, it becomes imperative that govt threads softly. Coupled with the fact that this financier is now blowing the whistle on the money being stashed for 2015 pdp campaigns and thus playing mind games on gullible Nigerians. I repeat, I do not hold brief for Pdp and Gej govt on the missing fund; but for one sponsoring terrorism...it's a no no for me! Let him be prosecuted and eventually killed! QED!
ReplyDeletehmmmm Sanusi sanusi!!! see am here: www.nairapurchse.com
ReplyDeleteBravo!!! anonymous 10:31, when u started, i thought you would more intelligent, more objective than this. So how suddenly u become the jury and found SLS guilty as charged?
ReplyDeleteAll you have said is biased, subjective, fictitious theory, some other people can come up with a thousand others. So all we need is proof, not theories bro!
@1:57am,you are an IDIOT and GOD WILL punish you too,if you have no useful comment to make in this forum,you are better off shorting up your dirty sticking mouth,why don't you go fuck yourself and mind the way you insult the MR.PRESIDENT of this country,fuck you and your entire generation,God bless 9ija
ReplyDeleteMy dear brother, the Person accused is alive to defend himself,so let us live d mater for d court of law instead of insulting our selve. Remember Gej is concern about d Unity of this country so, less pray 4 Gods guildiance of our Leaders.
ReplyDeleteSoutherners;southerners;Hahaha.
ReplyDeleteSanusi has no where to hide. He was spared by Abacha after he led a group of jihadist to kill an akara seller for mistakenly using a piece of paper the claimed to be kor'an to sell akara. Others were killed but sanusi was spare because he is a prince of the north. He is obvously bh sponsor. The naming and shaming has started. His attrocious acts has caught up with him.
ReplyDeleteAnonymous 10:31 if you are saying the govt. has been aware that SLS is a financier of BH and decided to thread gently until now, that is very shameful and am wondering which govt., will stay back and watch innocent lives been wasted in the name of threading gently. The govt. better have solid prove and a better motive for it's prolonged silence or else by its silence for so long if SLS is a BH fimancier as they claim, then they are have failed to protect the lives and property of its citizens which their core mandate.
ReplyDeleteEvery fulani allien (they are not human beings but dangerious outter space species) is EVIL and portential danger to mankind! This is appllicable to both the wild and the teamed ones!!!
ReplyDelete10.31 u just said it all.sanusi taught he is smart.d lives of innosent women N children that he paid his boys to kill in d name of defending islam will nt go on punish.plateau was the northern agenda for destruction wit d same sanusi sending operational money to his muslim brothers in d name of relieve assistance.when did d cbn becomes a charity organisation? Stop decieving urselfs.
ReplyDelete