Tag: Sanusi

  • FRCN’s probe is vicious witch-hunt—Sanusi

    FRCN’s probe is vicious witch-hunt—Sanusi

    The suspended  governor of the Central Bank of Nigeria (CBN), Mallam Lamido Sanusi,  says he is the  target of a vicious witch-hunt and relentless victimization being prosecuted and fronted by the Federal Reporting Council of Nigeria (FRCN), acting outside of the rule of law and well beyond its scope of responsibility.

    He vowed yesterday that he would only appear before an impartial authority  to investigate him and his tenure at the apex bank.

    Mallam Sanusi who,on Thursday, declined an invitation to appear before the FRCN mandated to probe his tenure, wondered whether the council    ”is the appropriate statutory body to conduct such an investigation.”

    Speaking through his   media consultants,Celine Loader, Sanusi, made reference  to the enabling statute of the FRCN  Act 2011, particular Sections 7, 8, 11, 25, 28, 58(2) and 62 which said  “it does not give the FRCN the authority and the powers to conduct the investigation it seeks to undertake.”

    Celine Loader  queried the intent of the FRCN  and the source of its  mandate,saying the council “has already prejudged what it now purports to be investigating, thereby compromising its integrity and the integrity of such investigation.”

    It  added: “The credibility of the purported investigation is further undermined by the fact that, in reaching its prior conclusions and recommendations contained in the Briefing Note, the FRCN neither heard nor provided Sanusi with the opportunity to respond to the allegations that led to the unfounded conclusions contained therein.”

     This pre-existing bias, it claimed, amounts to a “breach of the rules of natural justice, the absence of statutory power, the violation of the rule of law and the prejudicial conduct by the FRCN all point to an obvious witch-hunt and victimization against Sanusi Lamido who has already been controversially suspended from office on the strength of erroneous allegations by the same FRCN.”

    It  said that   after making  weighty allegations, conclusions and attendant recommendations in its Briefing Note dated June 7, 2013 to the President, which formed the basis for Sanusi’s controversial suspension, the FRCN ”is now setting itself up as ‘judge’ and ‘jury’ in pursuing a purported investigation for which it has no authority, competence nor mandate.”

    Citing words like  “incompetence”, “acting outside the object clause of the CBN”, “nonchalance”,”fraudulent activities”, “wastefulness”, “abuse of due process”, and  “deliberate efforts to misrepresent facts”, used by the FRCN against Sanusi  in its Briefing Note  and recommending to President Goodluck Jonathan “to cause Sanusi and the Deputy Governors of the CBN to “ cease from holding office in the CBN, so that the opposition to the Federal Government does not take advantage of the information and use it to attack the government.”

    On Thursday, the Chief Executive Officer of  FRCN Mr. Jim Obazee while reacting to Sanusi’s absence from the investigation maintained that Sanusi’s absence cannot stall the investigation since the investigation is not targeted at Sanusi but at the CBN.

  • Court fixes March 31 for hearing of Sanusi’s suit

    Court fixes March 31 for hearing of Sanusi’s suit

    A Federal High Court on Friday in Lagos fixed March 31 for the hearing of a fundamental rights suit filed by the suspended Central Bank Governor, Malam Sanusi Lamido Sanusi.

    Sanusi had filed the suit through his counsel, Prof. Yemi Osibanjo (SAN), seeking an order restraining the police and the State Security Service from arresting, detaining or harassing him.

    Joined in the suit are the Attorney General of the Federation, Inspector General of Police and the SSS as first, second and third respondents respectively.

    The News Agency of Nigeria (NAN) reports that the applicant’s motion was scheduled for hearing on Friday.

    Counsel to the first respondent, Dr Fabian Ajogu (SAN), informed the court that he had a motion on notice dated March 19.

    He said the motion was for extension of time to regularise filing processes.

    Counsel to the third respondent, Mr Ahmed Musa, also made the same application, saying his motion was dated March 17.

    However, counsel to the applicant, Chief Kola Awodehin (SAN), did not oppose the application for extension of time.

    Awodehin, who said was prepared to proceed with his motion, noted that he was constrained to ask for an adjournment by the nature of applications filed by the first and third respondents.

    Consequently, Justice Ibrahim Buba adjourned the suit to March 31 for hearing of the applicant’s suit on the understanding that all parties would have regularised all processes before the next adjournment.

    “The respondents’ motion for extension of time is granted and time is hereby extended in terms of the prayers on the face of the motion paper.

    “This suit is therefore adjourned to March 31 for hearing,” he ruled.

    NAN also reports that the court had on Feb. 21 granted an interim order restraining the respondents from arresting, detaining, or harassing the applicant pending the determination of the motion on notice.

    The interim order was sequel to an affidavit of urgency filed by the applicant on the same date.

    The court had also granted the applicant leave to serve the originating summons and other accompanying court processes on the respondents.

  • Sanusi: Jonathan challenges court jurisdiction

    Sanusi: Jonathan challenges court jurisdiction

    President Goodluck Jonathan and the Attorney-General of the Federation (AGF), Mohammed Adoke (SAN), have queried the powers of the Federal High Court in Abuja to hear the suit by suspended Governor of the Central Bank of Nigeria (CBN), Lamido Sanusi.

    They argued that the court lacked the jurisdiction to hear and determine an employment-related dispute. The duo said the proper court would be the National Industrial Court.

    Sanusi is challenging his suspension and seek a reversal of the suspension.

    The counsel to Sanusi, Kola Awodein (SAN), Jonathan’s lawyer, Fabian Ajogwu (SAN) and the AGF’s attorney, Mike Ozekhome (SAN), argued on the priority of applications to be heard by the court.

    Justice Gabriel Kolawole elected to hear the substantive suit with the objections, adding the court’s Civil Procedure Rules empower it to hearing the originating summons and objection.

    He adjourned till April 8.

  • Absence of judge stalls hearing in Sanusi’s suit against FG

    Absence of judge stalls hearing in Sanusi’s suit against FG

    The absence of Justice Gabriel Kolawole of the Federal High Court, Abuja, on Wednesday stalled hearing in the suit filed by suspended CBN Governor, Malam Sanusi Lamido Sanusi.

    Sanusi had, through his lead counsel, Mr Kola Awodein (SAN), challenged his suspension by President Goodluck Jonathan and prayed for an order to re-instate him as CBN Governor.

    At the hearing of the case on Wednesday, Justice Kolawole was not in court and an official informed the parties and counsel that the judge was attending a seminar.

    All parties and counsel were asked to come back to court on March 19.

    It will be recalled that on Feb. 27, Kolawole, ruled in Sanusi’s motion ex-parte seeking an interlocutory injunction from the court for a reversal of the president’s decision.

    “I feel hesitant and constrained to grant the plaintiff’s application because it would be unfair to grant such an application without affording the respondents a hearing.

    “It is unsafe, judicially speaking, to embark on far-reaching interim orders which have all the attributes of a mandatory

    injunction without according the defendants a hearing,’’ he said.

    The News Agency of Nigeria (NAN) also recalls that Sanusi had on Feb. 24, approached the court with a motion ex-parte seeking an interim order against the President, Attorney-General and their agents.

    He had prayed the court to restrain the defendants from “obstructing, disturbing, stopping or preventing him in any manner whatsoever, from performing the functions as Governor of the Central Bank’’.

    Sanusi had also sought to be allowed to fully enjoy the statutory powers and privileges attached to the office, arguing that any delay might cause him irreparable and serious damages.

    The plaintiff’s motion was supported by a nine-paragraph affidavit and two exhibits attached and marked as Exhibit AA1 and AA2.

    Exhibit AA1 is a copy of his appointment letter dated June 2009, titled: “Appointment as Governor of Central Bank of Nigeria’’.

    Exhibit AA2 is his suspension letter dated Feb. 19, 2014 from the office of the Secretary to the Government of the Federation, titled “Suspension from office’’, the subject of the suit.

     

  • Sanusi’s suspension and allied matters

    SIR: The manner of the suspension of Sanusi Lamido Sanusi as the Governor of Central Bank of Nigeria contravenes due process. And the reasons adumbrated by the Presidency are disjointed. The avalanche of diverse legal and political arguments for and against the appropriateness of the suspension is neither here nor there. What is germane is the President’s pronouncement in his recent media chat that he has absolute power to suspend the CBN Governor or anybody! Was it not in this democracy that the former President Obasanjo unilaterally suspended his deputy, Atiku.

    How was it possible for President Jonathan to usurp the powers of the judiciary in approving an absurd suspension of a President of Court of Appeal and the judiciary itself could no longer reinstate the PCA when it deemed it necessary? Aren’t there supposed to be separation of powers, and checks and balances between the executive, National Assembly (NASS) and judiciary?

    Are the NASS and Judiciary ever able to have any influence or control over the executive? Is the Federal Executive Council not equal to the President? Which minister or any other cabinet member can tell the President home truths? Even the VP dares not look at his boss in the eye and tell him what he doesn’t want to hear! Can’t the President decide not to have a cabinet for as long as it suits him?

    Nigerian President is simply too powerful to share governmental power with anybody! Please blame not the President but the constitution! No country has perfect constitution but ours is full of fundamental flaws, lacunae, loopholes, anomalies, inconsistencies and ambiguities. These fatal weaknesses subject the constitution to gross subjective manipulations and blatant misinterpretations. The situation where the President alone appoints people or recommends people for appointment as heads of all government Ministries, Departments and Agencies (MDAs) is out of sync with our socio-cultural and political orientation.

    It is worrying that a particular qualified and competent professor can’t become a Vice Chancellor of a Federal University if the President doesn’t like their face – it doesn’t matter if the professor is the choice of the university. Likewise, a particular qualified and competent candidate can’t become the rector of a state polytechnic if the governor has their own preferred candidate – it won’t matter if the candidate is the best for the position. Like Sam Omatseye opined “The governor in Nigeria is like a monarch, just as the president is like an emperor”. Lord Acton quipped “Power tends to corrupt, and absolute power corrupts absolutely”. “Unlimited power is apt to corrupt the minds of those who possess it”, said William Pitt the Elder.

    A piece of information: In the case of Atiku versus Obasanjo, the Federal High Court, the Court of Appeal and the Supreme Court ruled that the President can’t suspend a public officer he has no power to sack. Now that the President has said he has absolute power to fire anybody, does it mean he can unilaterally suspend the chairman of Independent National Electoral Commission (INEC) without recourse to the Senate, during a general election or when the chairman is about to announce election results? While the constitution is an albatross around the country’s neck, the presidential system of government is the bane of the polity. Hence the adoption of a brand new constitution and a Nigerianised parliamentary democracy are vitally important for the country sooner rather than later.

    • Engr Yomi Akinola,

    Osun State College of Technology, Esa-Oke

  • Sanusi…Foreign investors reduce exposure to Nigeria risk

    Sanusi…Foreign investors reduce exposure to Nigeria risk

    When Sanusi Lamdio Sanusi held sway as the Central Bank of Nigeria’s Governor, overseas buyers participated well in treasury bills’ auctions, but the last option was dominated by local investors. Foreign investors fret over currency, coming elections, writes Reuters

    Foreigners stayed away from Nigeria’s latest Treasury bill auction, the first since the suspension of the central bank’s graft-fighting governor, in a sign that investor confidence is yet to recover after the banker’s removal.

    Nigeria offered 180 billion naira ($1.10 billion) in Treasury bills on Wednesday, with a similar amount maturing this week. It sold 275.09 billion naira, with yields on the 182- and 364-day papers rising further above 13 percent, the central bank said on Thursday.

    Traders said foreign buyers remained on the sidelines and demand was dominated by less risk-averse local investors drawn by the attractive yields.

    Foreign participation was “very marginal,” said one analyst. “It’s probably that as those bills mature some international investors won’t roll over the position in the new auctions, so they’ll just take their FX and leave,” he said, asking not to be named.

    Further debt redemptions of at least 320 billion naira are expected in Nigeria this month, providing a barometer of foreign investor sentiment since February 20 when President Goodluck Jonathan suspended respected central bank chief Lamido Sanusi, citing “acts of financial recklessness”.

    Many saw the suspension as an act of political revenge by the president, who removed an outspoken critic of his government’s record on corruption in Africa’s top oil producer.

    Offshore investors had been pulling back from Nigeria before Sanusi’s suspension amid a broader retreat from emerging markets. But the president’s action further undermined faith in policy stability in Africa’s second-biggest economy at a time of heightened uncertainty before elections in February next year.

    Sanusi had been due to step down in June. Jonathan has nominated Godwin Emefiele, the managing director of Zenith Bank , Nigeria’s third-biggest lender, as his successor.

    With more debt due to mature in the weeks ahead and limited liquidity in the secondary market, more outflows are likely this month as investors await the return of their money, said Ayo Salami, chief investment officer of asset manager Duet Group’s Africa Opportunities Fund.

    “You don’t have sufficient liquidity to be able to exit by selling in the secondary market,” he said. “The worst of the outflows has not happened.”

    Another concern is that interest rates could rise if the central bank feels that current policy efforts are failing to stabilise the naira, which has weakened this year amid emerging market volatility and after Sanusi’s removal.

    Rate rises would push down prices on the secondary market.

    “Given this scenario any investor (foreign or local) looking to exit via the secondary market would likely make a loss. So, better to be out of the market completely rather than risk making a loss if forced to exit swiftly,” said Angus Downie, head of economic research at Ecobank.

    “NOT TEMPTED BACK”

    Investors will need more reassurance about the naira’s stability and the pre-election policymaking environment before being lured back.

    “Our February client survey shows investors having moved underweight FX in Nigeria for the first time in over two years,” JP Morgan said in a research note.

    Sanusi had warned that fiscal leakages, including what he said was the state oil company Nigeria National Petroleum Corporation (NNPC) failing to remit $20 billion it owed to federal government coffers, were undermining the central bank’s ability to stabilise the naira.

    Although the bank has defended the currency by selling dollars, there are doubts about how long that can last as foreign exchange reserves have fallen to a 19-month low of $39.72 billion.

    Jeremy Brewin, head of emerging debt at ING Investment Management, said he had reduced his exposure to Nigeria even before Sanusi left.

    “We moved out of Nigerian risk late last year and so far have not been tempted back,” he said. “You are giving up high yield but the possibility of currency depreciation cannot be underestimated.”

    Nevertheless, despite the upheaval at the central bank, Nigeria’s economic fundamentals remain strong compared to other frontier markets given a relatively low debt-to-GDP ratio and budget deficit, said Philippe de Pontet, Eurasia Group’s Africa director. The economy is forecast to grow around 7 percent this year.

    “Nigeria still has a pretty positive story to tell,” he said. “If you look at other markets in sub-Saharan Africa, by and large they’re facing pretty significant twin deficits. They also have currency pressures, thinner FX reserves.”

    Still, investors would be more comfortable sitting and waiting if elections weren’t imminent, said Michael Cirami, an emerging markets fund manager at Eaton Vance Corp.

    He noted that many who poured into Nigerian bonds after the country was included in a key JP Morgan emerging market bond index in October 2012 are unfamiliar with the country and may be more skittish.

    “The natural reaction is to cut and run,” he said. “I don’t see why you wouldn’t see more o

    utflows given some of the changes that have taken place.”

  • Sanusi’s suspension sparks investors’ fear

    Sanusi’s suspension sparks investors’ fear

    The Over-The-Counter (OTC) bond market has remained volatile in the last few weeks, reflecting foreign investors’ concerns over short-term naira outlook, analysts have said.

    Currencies analyst at Ecobank Nigeria, Olakunle Ezun, said the investors’ fears were fuelled by the suspension of the Central Bank of Nigeria (CBN) Governor Sanusi Lamido Sanusi.

    President Goodluck Jonathan had on February 20, suspended Sanusi. The suspension was based on reports of the Financial Reporting Council of Nigeria and other investigative bodies that accused Sanusi of financial recklessness and misconduct as well as far-reaching irregularities under his watch.

    The President nominated Managing Director Zenith Bank Plc, Godwin Emefiele as the new Central Bank Governor. The Central Bank Deputy Governor, Economic Policy, Dr. Sarah Alade is already serving as Acting Governor till Emefiele resumes.

    However, Sanusi has already gone to court to challenge his suspension.

    Expectedly, his suspension has led to varied reactions from stakeholders. Chairman, Nigeria Bar Association (NBA), Ikeja Branch, Monday Ubani said Sanusi has the right to challenge the President’s authority in court.

    “Going to court is not ruled out. And I must say that the President has to be careful. There are some people that believe that Sanusi is doing well. He may attract some sympathy or be seen as oppressed,” he said.

    He said what the President has done could create uncertainty and affect the economy negatively. “It may create ripple effect in the economy. The 2014 budget is not yet passed. Interest rate is high. So many things are not in order and the President is creating crisis of this nature,” he said.

    In an emailed report, Ezun said Sanusi’s suspension for alleged financial recklessness and misconduct caused a reaction in the market, which was more pronounced in the foreign exchange OTC market.

    However, the Debt Management Office (DMO) raised N90 billion ($572.6 million) last month through two re-openings of 13.05 per cent Federal Government of Nigeria (FGN) August 2016 and 10 per cent FGN July 2030 bonds. They were competitive, with over-subscription of 102 per cent on the three-year tenor. The stop rates were 13.49 per cent and 13.6 per cent.

    The naira weakened 3.6 per cent, highlighting significant apprehension and uncertainties over naira short-term outlook. It traded N170 to a dollar before CBN intervention doused the tension.

    At the inter-bank rate, the call/overnight and seven-day money market rates were at 11.5 per cent and 11.8 per cent. The three-month Nigeria Interbank-Offered Rate (NIBOR) was 12.5 per cent, though less activities were done on the tenor.

    Improved market liquidity, driven largely by treasury bills (OMO) repayment, monthly statutory (FAAC) inflows, and to a lesser extent lower inter-bank funding requirements helped to stabilise rate around the Monetary Policy Rate (MPR).

    He said the inter-bank secured lending (Open Buy Back) fell to 10.88 per cent. Meanwhile, the CBN liquidity management remained active, supported by the change to Cash Reserve Requirement (CRR) on public sector deposits on January 21.

    Also, the new foreign exchange regulation of January 31 and the circular issued on August 1, reviewing its guidelines for how banks access its Standing Lending Facility (SLF) window and Retail Dutch Auction System (RDAS) foreign exchange auction and the overall CBN’s monetary policy stance. Equally, given the market liquidity, and lower inter-bank funding requirements, rate might remain broadly steady throughout this week.

     

  • Sanusi’s suit for hearing March 21

    Sanusi’s suit for hearing March 21

    The hearing of the motion on notice filed by the suspended Central Bank of Nigeria (CBN) Governor, Lamido Sanusi, before a Federal High Court, Lagos, has been fixed for March 21.

    Sanusi had through his lawyer, Prof. Yemi Osibajo (SAN), approached the Justice Ibrahim Buba presided court, seeking an enforcement of his fundamental rights.

    At his arrival in Lagos on the day he was suspended, the CBN chief had prayed the court for an order restraining the Attorney General of the Federation (AGF), police and officers of the State Security Service (SSS) from arresting, detaining or otherwise harassing him.

    Justice Buba then issued an injunction stopping the law enforcement agencies from arresting or harassing Sanusi pending the determination of the suit.

    At the resumed trial on Friday, counsels to the respondents urged the court for an adjournment to enable them file their processes.

    Counsel to the AGF, Dr. Oscar Nliam, holding the brief for Mike Ozekhome (SAN), informed the court that his office had just been briefed on the matter.

    He told the court that they were yet to receive all the processes filed by the applicant and therefore prayed the court for a short adjournment to enable them collate all processes.

    Chukwu Agwu, who represented the Inspector General of Police, informed the court that he was only on Wednesday night, by his boss from the force headquarters that the suit would come up.

    He said the IGP was yet to receive the processes, and also, prayed the court for an adjournment to enable him look at the processes when they arrive.

    Similarly, lawyer to SSS, Ahmed Musa, aligned himself with the submissions of his colleagues, adding that an adjournment will be to their favour especially as parties are still within time of filing.

    In his reply, Sanusi’s lawyer, Kola Awodehin (SAN), noted that since the suit borders on Fundamental Rights Enforcement, it ought to be dealt with expeditiously.

    After listening to the parties, Justice Buba fixed March 21 for hearing.

     

  • Court rejects Sanusi’s bid to reverse suspension

    Court rejects Sanusi’s bid to reverse suspension

    Justice Gabriel Kolawole of the Federal High Court, Abuja, on Wednesday declined an ex-parte application filed by the suspended Governor of the Central Bank of Nigeria (CBN), Lamido Sanusi.

    Sanusi had in the application, sought to reverse his suspension by President Goodluck Jonathan, pending the determination of an interlocutory motion he filed along with a suit he initiated, challenging the suspension.

    He had accompanied the ex-parte application with documents, including a letter dated February 19, 2014, addressed to the plaintiff by the Secretary to the Government of the Federation, titled:”Suspension from office.”

    Shortly after the applicant’s lawyer, Sam Kagbo, informed the court about the application, Justice Kolawole said he felt hesitant and constrained to grant the reliefs sought. He ordered that the respondents be put on notice.

    On plaintiff’s apprehension that a delay would occasion harm to his interest, the judge noted that the court possesses the powers to declare the suspension unlawful and order his return to office, if at the end of trial, it finds that the suspension was wrong.

    He added that even where the tenure had lapsed, the court could order the defendants to pay the plaintiff such remunerations and allowances, if his remuneration and allowances were also suspended while his suspension lasted.

    The judge held that it was unsafe, at the current preliminary stage of the case, for the court to embark on granting far-reaching interim orders which have all the attributes of a mandatory injunction without hearing from the defendants.

    Justice Kolawole noted that, when defendants have been duly served with the originating summons and motion on notice, he intends to inquire whether, in the light of the Third Alteration Act, No: 20 of the Constitution, the Federal High Court has the jurisdiction to hear the case, irrespective of the questions for determination contained in the originating summons.

    He consequently adjourned to March 12 for hearing.

    In a suit filed on Monday, Sanusi wants the court to among others, restrain the President and two others from giving effect to his purported suspension pending the determination of his suit.

    Also to be restrained are the Attorney General of the Federation (AGF) and the Inspector General of Police (IGP).

     

  • ‘Sanusi’s exit may deplete foreign reserves’

    ‘Sanusi’s exit may deplete foreign reserves’

    The change of guard at the Central Bank of Nigeria (CBN) will take the foreign exchange reserves down to $35 billion, a report by an investment and research firm, Renaissance Capital (RenCap), has warned. The reserves dropped to $41 billion on Monday as against $41.17 billion last Thursday.

    The investment and research firm said the decision will put further downward pressure on reserves, implying the likelihood of year-end projection of $35 billion.

    Analysis of foreign exchange utilised by sectors revealed that $7.83 billion was expended on the importation of visible goods into the country in the second quarter as against $6.63 billion and $7.74 billion in first quarter and second quarter of 2012, respectively.

    Also, a large part of the reserves were utilised in the importation of oil, industrial, food and manufactured products in the ratio of 30.3, 28, 20.4 and 13.3 per cent of the total.

    Further analysis revealed that a total of $8.70 billion or 52.6 per cent of total foreign exchange was used for services as against $3.78 billion in first quarter. Of this amount, financial services (banking and other financial services, asset management and money transmission) constituted the bulk, $7.78 billion or 89.3 per cent of total, while the balance was accounted for by transportation, communications, business and other services.

    The foreign reserves declined to $43.5 billion as at January 2, as petroleum and food imports soared. The reserves, which stood $45.4 billion last September 30, have maintained steady fall in recent months.

    The level of Nigeria’s external reserves has fallen precariously low to $43.63 billion as at December 30th, 2013. This is the lowest level since November, 2012 and a decline of 10.7 per cent from 2013’s Year to Date peak of $48.86 billion.

    The continuous use of the external buffers to support the value of the naira, declining oil receipts are among the contributing factors to the depletion. However, this level of reserves is sufficient to fund an import bill of about seven months.

    With over 50 per cent of foreign exchange utilised for the importation of fuel and food, the CBN said policy should focus on a comprehensive backward integration production strategy, while fast-tracking the repair of the existing refineries.