By Soni Daniel, Innocent Anaba, Ikechukwu Nnochiri, Dapo Akinrefon & Chris Ochayi
LAGOS
— Suspended Governor of Central Bank of Nigeria, CBN, Mallam Sanusi
Lamido Sanusi, yesterday, secured a major victory in his legal battle
against the Federal Government as a Federal High Court sitting in Lagos,
declared as unlawful, his arrest and seizure of his international
passport on February 20.
The court in a judgment delivered by
Justice Ibrahim Buba on the suit filed by Sanusi for the enforcement of
his fundamental rights also awarded him N50 million as damages. The
court further ordered the Federal Government to tender a public apology
to him.
Mallam Sanusi Lamido Sanusi
Respondents
in the suit were the Attorney-General of the Federation,
Inspector-General of Police and Department of State Services, DSS.
DSS to appeal judgment
Meanwhile, the Department of State Services, DSS, had served notice last night that it was appealing the judgment.
Deputy Director, Public Relations of DSS, Marilyn Ogar, confirmed the decision of the security agency to
Vanguard.
“We are appealing the judgment immediately,” Ogar said but did not give details.
Earlier, the Police had said that they would not comment on it until it got the certified true copy of the verdict.
Force PRO, Mr Frank Mbah, said that the force was unaware of the judgment as at press time.
Preliminary objection
The
court first ruled on the preliminary objection by the Attorney-General
of the Federation, challenging the jurisdiction of the court to
entertain the suit, which it dismissed.
The AGF had argued that
the suit was wrongly instituted before the Federal High Court since the
matter bordered on the employment of the applicant and so, should be
within the exclusive jurisdiction of the National Industrial Court.
Dismissing
the objection, the court held that the provisions of Section 11 of the
Labour Act, cannot take away the jurisdiction bestowed on the Federal
High Court by the Constitution, noting that the provisions of Section
251 of the constitution vest jurisdiction on the Federal High Court, to
entertain matters touching on enforcement of fundamental human rights.
The
court said the applicant had brought the suit under the provisions of
Chapter 4 of the Constitution, seeking an enforcement of his rights, and
so, is not a dispute relating to his terms of employment.
According
to the court, “the averment by respondent that the matter is labour
related is far from the truth. The first respondent is trying to set up
another case for the applicant. It is a case of ‘shifting the goal post’
and making a case for the applicant.
“The fact deposed in the
applicant’s originating summons and his affidavit speaks for itself. It
is a suit for enforcement of his fundamental right which is recognisable
by the Federal High Court. The court allows any person who perceives
that his rights are likely to be infringed on to approach the court for
redress.”
The court consequently dismissed the preliminary
objection and held that it had the jurisdiction to hear and determine
the applicant’s suit.
Respondents fail to answer questions raised
On
the main suit, the court held that from the totality of averments in
the applicant’s originating summons, there was no doubt that the
respondents had failed to answer all the questions raised.
COUNSELS
TO FORMER GOV. SANUSI LAMIDO SANUSI OF CENTRAL BANK OF NIGERIA, MRS
VICTORIA ALONGE (L) AND MR BASHIR RAHIM, DISCUSSING AFTER HEARING OF THE
SUIT FILED AGAINST POLICE AND DSS, AT THE FEDERAL HIGH COURT IN IKOYI,
LAGOS, ON THURSDAY (3/4/14).
The court noted that the first
and third respondents presented conflicting averments in their counter
affidavits, which shows that they were not on the same page on the issue
and had acted in bad faith.
The court declared: “The averment of
the second respondent is frugal, as it stated clearly that they had not
been briefed by anyone to investigate or arrest the applicant.
“The
first respondent laboured to submit that the applicant was not entitled
to a grant of perpetual injunction, but this court is of the opinion
that for every infraction, the applicant is entitled to a relief.
“This
court believes that the action of the respondents in this suit,
deserves condemnation and exemplary damages. This court has no doubt
that the applicant has made out his case against the respondents, and
so, resolve all the issues in favour of the applicant.
“For the avoidance of doubt, the court makes the following declaratory orders:
“A
declaration that the first respondent acting through the officers of
the third respondent or its privies, does not have any power to
forcefully withdraw and keep the passport of the applicant for any
reason whatsoever.
“A declaration that the respondent does not
have any power to forcefully withdraw and seize the passport of the
applicant without compliance with section 5 (1) of the Passport
Miscellanous Provisions Act 2004.
“A declaration that the forceful
seizure and detention of applicant’s passport, is an unlawful violation
of his right to freedom of movement, enshrined in section 35 of the
1999 Constitution and article 12 of the Charter on Human and Peoples
Right Act.
“A declaration that the conduct of respondents acting
through the officers of the DSS, in forcefully arresting the applicant
without due allegation or suspicion of a crime, is an unlawful violation
of his right to personal liberty.
“An order of this court is
hereby made restraining the respondent, their agents, privies or any
other law enforcement agency of the respondents, from further
interfering, harassing or infringing on the personal liberty of the
applicant.
“An order for immediate release to the applicant of his
international passport forcefully withdrawn and seized on February 20,
is hereby made. Having granted a restraining order, the order of
perpetual injunction cannot be granted because for every infringement,
the applicant has a right to come to court.
“An exemplary damages against the respondents jointly and severally is also awarded in the sum of N50 million only.
“An
order is also made directing the respondent to make a public apology to
the applicant for unlawful arrest, detention and harassment.”
Commendations greet judgment
Meanwhile, commendations across the country yesterday greeted the court judgment
Reacting
to the judgment, a member of the inner bar, Mr Sebastian Hon, SAN said:
“The Supreme Court had in the case of Director of SSS vs Agbakoba, held
that it is wrong for security agencies to impound anybody’s
international passport because it infringes on the person’s right of
freedom of movement which is guaranteed by the constitution.
“I
believe that the Federal High Court in Lagos must have drawn strength
from that judgment. Mind you, the award of the N50 million damages may
not actually be because he was detained or interrogated few hours by
security agents, but because of the continued withholding of his
passport.
Another Senior Advocate of Nigeria, Jubril Okutekpa,
said: “The issue of seizure of passport was settled in the case of
Agbakoba vs the SSS. We are not in a military regime. Judges have been
authorized by the constitution to give judgment irrespective of whose ox
is gored. We must commend the judge for being bold enough to interpret
the constitution as it is.
“The constitution guarantees freedom of
movement to every citizen. How can that be possible if security
operatives seize people’s passports on mere ground that it is
investigating one allegation or the other?”
In his reaction, Yunus
Ustaz Usman, SAN said: “I have not read the judgment so it will not be
fair for me to start criticizing it deeply at this time. However, I hold
the view that Nigeria is not under a military rule. Therefore, the
constitution and its provisions remain sacrosanct.”
Human rights
crusader, Mr Bamidele Aturu, in his reaction commended the judgment but
expressed worry that the Federal Government may not learn any lesson
from the episode.
Aturu said: “I hope that will teach the Federal
Government a lesson not to violate peoples’ rights. If they violate
peoples’ right and they go to court, then the court will act to defend
citizens’ right.
“That is what I can say about the judgement. It
should be a lesson to them not infringe on peoples’ right but I know
that at the end of the day, government does not learn any lesson but I
hope they will learn from this.”
CNPP applauds ruling
The
Conference of Nigeria Political Parties, CNPP, also applauded the
judgment. Reacting to the court verdict, via telephone conversation with
Vanguard in Abuja, National Publicity Secretary of CNPP, Mr. Osita Okechukwu, said the verdict was a victory for rule of law.
He said: “It is a good judgment and welcome development.”