Suspended Central Bank of Nigeria (CBN) Governor Sanusi Lamido yesterday won another major legal battle against the Federal Government.
The Federal High Court in Lagos restrained the Financial Reporting Council of Nigeria (FRCN) from probing him.
Justice James Tsoho held there is clear evidence that FRCN’s bid to investigate Sanusi’s tenure at CBN is tainted by bias and motivated by bad faith.
He said while FRCN Act empowered to conduct such an enquiry, it cannot do so without recourse to due process.
Justice Tsoho held that FRCN’s declaration in a Briefing Note dated June 7 and submitted to President Goodluck Jonathan were ultra vires (outside) their powers as contained in the FRCN Act, 2011.
He said the defendants, including FRCN’s Executive Secretary, having reached a conclusion as to Sanusi’s culpability as Governor of CBN, as indicated in the briefing note and newspaper publications, can no longer conduct any investigation on the same matter.
The judge resolved all the issues for determination in Sanusi’s favour, saying the suspended CBN boss was right not to honour FRCN’s invitation.
“I don’t accept the arguments of the defendants that they acted in line with the law. They did not or have not respected the spirit of the enabling provisions of the Act,” the judge said.
Justice Tsoho said defendants went against the principles of natural justice by not giving Sanusi the chance to defend himself before they issued a report on the basis of which he was suspended.
“The defendants have acted ultra vires their powers. They can not investigate the plaintiff’s tenure at CBN for the simple reason that the defendants have acted in breach of the principles of natural justice,” the judge held.
According to Justice Tsoho, FRCN was the accuser, prosecutor, judge and jury in its own case.
He said had Sanusi accepted FRCN’s invitation to appear before the probe panel, it would have amounted to going to enemy territory.
“Submitting himself to the panel would have been like a cockroach finding itself in the midst of fouls,” Justice Tsoho said, to the amusement of the packed courtroom.
He held there was “unequivocal evidence of bad faith” by FRCN.
According to the judge, Sanusi was not called upon to make representations at any panel before his suspension.
“Paragraph one of his suspension letter is based on the Briefing Notes. The defendants have continued to act malafide (in bad faith),” he held.
The judge added there is “glaring evidence” that the defendants are biased and are unlikely to conduct a fair inquiry into Sanusi’s tenure.
“They are consequently disqualified to carry out such investigation,” the judge held, adding that should they be allowed to do so, they would only reach a “jaundiced and skewed” conclusion.
Justice Tsoho further held that the plaintiff sought judicial intervention, and there was, therefore, need “to call the defendants to order by restraining them from overreaching themselves.”
“The whole questions are answered in favour of the plaintiff and all his reliefs are granted,” the judge held.
Sanusi had also sought the following: “A declaration that the defendant’s recommendation regarding the plaintiff in briefing note date June 7, 2013, that he be removed from office as CBN Governor, were ultra vires their powers under the FRCN Act 2011.
“A declaration that the proposed investigation as advertised in the Punch newspaper of March 24, in the circumstance of having reached a conclusion in the briefing note of June 2013, before embarking on the investigation, is tantamount to a breach of natural justice.
“A declaration that the defendant do not have the power to conduct investigation as advertised in the newspaper.”
The CBN governor asked for an order restraining the defendants or any person, body, agent, or privies, under its authority, or pursuant to the FRCN Act, from conducting and continuing any investigation or inquiry as advertised.
He also prayed for an order setting aside or nullifying any report, conclusion or recommendation, based on any purported investigation conducted by FRCN.
