President Goodluck Jonathan, the Attorney General of the Federation (AGF) and suspended Governor of the Central Bank of Nigeria (CBN), Lamido Sanusi, have asked the National Industrial Court (NIC) not to hear Sanusi’s suit transferred to it by Justice Gabriel Kolawole of the Federal High Court, Abuja.
Their position is contained in separate applications for stay of proceedings they filed before the NIC. They urged the court not to commence hearing in the suit, but to stay proceedings and allow the Court of Appeal, Abuja decide the appeals they filed.
The President, AGF and Sanusi are appealing the May 20 judgment by Justice Kolawole, in which he declined jurisdiction over the suit by Sanusi. Sanusi is, by the suit, challenging his suspension by President Jonathan as Governor of the CBN.
While Sanusi is insisting that it was the Federal High Court alone that could hear his case, the President and AGF are of the view that Justice Kolawole, having declined jurisdiction to hear the case, was without jurisdiction to transfer it to another court. They said the judge should have either struck it out or dismiss the suit.
Yesterday, their lawyers, Mike Ozekhome SAN) (for the AGF), Mathew Echo (for the President) and Chima Okereke (for Sanusi) were unanimous in urging Justice Babatunde Adejumo not to proceed with the case.
Ozekhome told the court that parties have appealed the decision by the Federal High Court to transfer the case, and that they have also filed applications for stay of proceedings pending appeal.
“All the parties have filed notices of appeal and have also applied for stay of proceedings before this court. We are of the view that this court should stay proceedings. That this court should not proceed with the case until the Court of Appeal decides it,” Ozekhome said.
Okereke also told the court that his client, having been dissatisfied with Justice Kolawole’s ruling, has appealed and “wants this court to stay proceedings.”
He said it was his client’s contention that the Federal High Court possessed the jurisdiction to hear his case because it is not about employment or labour dispute.
Echo confirmed that the President has equally appealed the ruling on the grounds that the judge of the Federal High Court erred when he transferred the case having held that he lacked the jurisdiction to hear the case.
Justice Adejumo refused Ozekhome’s oral application for stay, and insisted that parties should argue their pending applications for stay to enable the court decide it one way or the other. The judge said the mere filing of appeal by parties was not sufficient for the court to stay proceedings.
“Section 47 of the Act establishing this court says appeal shall not serve a stay of proceedings before this court. Since this matter has been transferred to this court by a court of coordinate jurisdiction, I cannot sit on appeal over its order.
“It is until the Court of Appeal comes up with an order directing a stay before we can stay proceedings. Come and argue your applications for stay of proceedings now pending before this court. You will also address me on the provision of Section 47 of the NIC Act because this court cannot stay proceedings until the Court of Appeal orders a stay,” the judge said.
He told parties about his desire to accord the case an expeditious hearing in view of the fact that time was of the essence in the case. He said that because Sanusi’ tenure will soon expire, it was necessary for the court to approach the case with dispatch.
Upon the agreement by parties, Justice Adejumo adjourned to June 13 for the hearing of their application for stay of proceedings.
