The Federal Government is not convinced about the sincerity of the immediate past Governor of the Central Bank of Nigeria (CBN), Mallam Lamido Sanusi, in withdrawing the suit he filed to challenge his suspension from office.
Mallam Sanusi applied to withdraw the suit following his assumption of office as Emir of Kano.
Counsel to the Attorney General of the Federation (AGF), Chief Mike Ozekhome (SAN), told the court yesterday that although he was not opposed to Sanusi’s decision to file a notice of discontinuance, he was unwilling to withdraw his own pending motion for stay of execution of the judgment by Justice Gabriel Kolawole of the Federal High Court, Abuja, on which basis the case was transferred to the National Industrial Court (NIC).
Ozekhome said he was not sure of Sanusi’s next move and was unwilling to be taken unaware because the ex-CBN governor was yet to withdraw his appeal against the judgment by Justice Kolawole and the motion for stay of execution of the judgment which he also filed before Justice Kolawole.
He told Justice Babatunde Adejumo, President of the NIC (the trial judge in the case) that if the plaintiff really meant business, he should also discontinue his appeal and the motion for stay of execution pending before Justice Kolawole.
Sanusi had, shortly after he was suspended on February 20, 2014 by President Goodluck Jonathan, sued, challenging the President’s action and sought to restrain the Inspector General of Police (IGP) from arresting him.
Defendants in the suit were President Jonathan, the AGF and IGP. IGP’s name was later struck off the case in a ruling by Justice Kolawole, on the ground that the IGP was not a proper party.
The suit originally filed at the Federal High Court, Abuja was transferred to the NIC by virtue of Justice Kolawole’s judgment of May 20 this year.
The judge had held that his court was without jurisdiction to hear the case, which bordered on employment and labour issues.
Both Sanusi and the AGF appealed Justice Kolawole’s decision to transfer the case.
The plaintiff, in his appeal, faulted the judge’s decision to transfer the case, arguing that his case was not labour and employment-related.
The AGF is contending in his appeal that the judge ought to have dismissed the case on realising that he lacked jurisdiction.
When the case first came up before the NIC on June 13, plaintiff’s lawyer, Mr.Kola Awodein (SAN), sought time to enable him consult with his client on what further steps to be taken; a request that prompted the court to adjourn to yesterday.
Before yesterday, Sanusi had filed his notice of discontinuance, a development Awodein announced to the court yesterday.
Shortly after Awodein informed the court about his client’s notice to discontinue the case, Ozekhome said although he was not opposed to the plaintiff’s intention, he would prefer that his pending motion for stay of execution be sustained until he receives further instruction from his client.
He said before the last date and yesterday, further steps have been taken in respect of the plaintiff’s appeal. He added that the plaintiff’s motion for stay of proceedings was still pending before the Federal High Court.
Ozekhome said although he chose not to oppose the plaintiff’s notice to discontinue, because it was within his (plaintiff’s) right, he needed time to confer with the AGF on what next step he should take in respect of his pending motion before the court.
Lawyer to the President, Mathew Echo, was indifferent. He did not object to Sanusi’s discontinuation notice, and refrained to comment on Ozekhome’s position in relation to the pending motions and appeals.
Ruling, Justice Adejumo struck out the substantive case on the ground that the plaintiff had filed a notice of discontinuance under Order 19 Rule 17 of the NIC Rules.
He however adjourned hearing to November 7 on the pending motion for stay of execution of Justice Kolawole’s judgment.
Justice Adejumo, relying on the provision of Section 20 of the NIC Act, implored parties to further explore ways of ensuring that the case was eventually settled amicably.
