More trouble seems to await the suspended Governor of the Central Bank of Nigeria (CBN), Mallam Sanusi Lamido Sanusi, as the Department of State Services (DSS) has announced ‘immediate steps’ to appeal the Thursday judgement of a Federal High Court in Lagos which ordered the release of his seized passport.
Sanusi was appointed CBN governor on June 3, 2009 and suspended from office by President Goodluck Jonathan on February 20 this year on allegations of reckless spending.
He was out of the country on an official assignment when his removal was announced and on arrival in Lagos, his passport was seized by operatives of the DSS.
Sanusi went to court in protest, leading to the court judgement of Thursday, which also awarded a cost of N50 million and a public apology in his favour.
But the DSS yesterday expressed disappointment and dissatisfaction with the judgement, declaring that it has commenced the process of appeal.
DSS Deputy Director, Public Relations, Ms. Marilyn Ogar, who revealed the agency’s decision, said it acted within its power in confiscating Sanusi’s travelling document.
She quoted from the National Security Agencies (NSA) Act to buttress her claim.
The relevant section, according to Ogar, states:
"The State Security Service is hereby empowered to impound and keep in its custody the passports or any other property of persons or organizations under investigation if considered appropriate by the Director General. Returns of all such seizures shall be rendered to the National Security Adviser, while such passports shall be returned to the Owners as soon as the investigation is concluded."
Ogar, however, said the DSS continues to hold the judiciary in high esteem in spite of what she called the "erroneous judgement", in a statement through which she conveyed the position of the security agency on the matter.
The three-paragraph statement titled, "DSS APPEALS COURT JUDGEMENT ON SANUSI", reads:
"Following the ruling by Honourable Justice Ibrahim BUBA of the Federal High Court Lagos on the application for the enforcement of fundamental rights by the suspended Central Bank of Nigeria (CBN) Governor Sanusi Lamido SANUSI, the Department of State Services (DSS) expresses its disappointment and dissatisfaction with the judgement."
"It is therefore necessary to state that in impounding the passport of Mallam Sanusi LAMIDO, the Service acted in accordance with the law. For the avoidance of doubt, section 3(2) (b) of Instrument SSS No. 1 of 1999 made pursuant to section 6 of the National Security Agencies (NSA) Act, provides as follows:
"The State Security Service is hereby empowered to impound and keep in its custody the passports or any other property of persons or organizations under investigation if considered appropriate by the Director General. Returns of all such seizures shall be rendered to the National Security Adviser, while such passports shall be returned to the Owners as soon as the investigation is concluded".
Consequently, she further said that "the Service has taken immediate steps to appeal this rather erroneous judgement. Notwithstanding, this Service holds and continues to hold the judiciary in high esteem as critical partners in nurturing our democracy and nation building".
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