The Federal Government expressed its doubts at the National Industrial Court, when its counsel, Chief Mike Ozekhome (SAN), told the court that although he was not opposing Sanusi's notice of discontinuance, the Federal Government was not sure of the former CBN governor's next move.
He added that he was not willing to withdraw his pending motion for stay of execution of the judgment by Justice Gabriel Kolawole of the Federal High Court, Abuja, who had made an order transferring Sanusi's suit to the National Industrial Court.
Ozekhome said government was not sure of the next move by Sanusi, who is now the Emir of Kano, as the former CBN governor had yet to withdraw his appeal against the judgment of the Federal High Court.
"We do not want to be caught unawares," Ozekhome said.
Sanusi had filed an appeal against the judgment of the Federal High Court, arguing that the court was wrong to have held that it lacked jurisdiction to entertain the matter and subsequently transferred the matter to the NIC.
But President Goodluck Jonathan and the AGF had also appealed against the judgment of the FHC on the grounds that the court lacked the power to transfer the matter.
They argued that the appropriate order the court ought to have made was dismissal or striking out of the suit.
Both Sanusi and the Federal Government (President Goodluck Jonathan and the Attorney-General of the Federation) had therefore filed separate applications for stay of execution of the FHC's judgment,punch urging the NIC to await the determination of the appeals parties had filed.
Ozekhome told Justice Babatunde Adejumo, who is presiding over the case at the NIC, on Friday, that if Sanusi was genuinely desirous of withdrawing his case, he should take further steps to also discontinue his appeal and motion for stay of execution.
Ozekhome also sought time to confer with the AGF on what next step he should take in respect of his pending motion before the court.
At the previous hearing of the case on June 13 at the NIC following its transfer from the FHC, the plaintiff's lawyer, Kola Awodein (SAN), sought time to enable him to consult with his client on further steps to be taken in the suit.
Sanusi had subsequently filed his notice of discontinuance, a development Awodein announced to the court on Friday.
The President's lawyer, Mathew Echo, was indifferent. He did not object to Sanusi's discontinuance notice, and refrained to comment on Ozekhome's position in relation to the pending motions and appeals.
Justice Adejumo subsequently struck out the substantive suit on the grounds that the plaintiff had filed a notice of discontinuance under Order 19 Rule 17 of the NIC Rules.
He adjourned till November 7 for hearing of the pending motion for stay of execution of the Federal High Court's judgment.
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