Sanusi Financing Boko Haram– FG, SSS

The Federal Government and the State Security Service have accused the suspended Governor of the Central Bank of Nigeria, Mallam Lamido Sanusi, of financing terrorism.

They made the allegation in counter-affidavits they deposed to before a Federal High Court which is hearing a suit instituted by Sanusi.

The ex-CBN chief is seeking a perpetual injunction to restrain the SSS and the police from arresting him.

Sanusi’s lawyer, Mr. Kola Awodein, who made reference to the allegation on Monday, told the court it was an afterthought which government came up with after seizing Sanusi’s passport.

Awodein said: "The seizure of the applicant’s international passport by the third respondent, is a violation of his freedom of movement."

The first to third respondents give conflicting reasons as to the complaint made against the applicant: This conflict goes to show that they acted without due process of the law."

"The allegation against the applicant as to funding of terrorism, is an afterthought bythe respondents, which is not backed by facts, as there is no reasonable suspicion that the applicant committed any crime."

"The law clearly defines how such duties should be performed, and so, I invite your Lordship to hold that the applicant has a cause of action against the respondent."

"The SSS had seized Sanusi’s passport after he was suspended as CBN governor in March. Following that, he had instituted the suit to restrain the security agencies from arresting or harassing him."

The Attorney General of the Federation, represented by Dr. Fabian Ajogwu (SAN), and Mr. David Abuo and Mr. Moses Idakwo, representing the police and the SSS respectively, asked the court on Monday to dismiss Sanusi’s suit for lack of jurisdiction.

The AGF, the Inspector-General of Police and the SSS are the first to third respondents respectively.

The AGF’s counsel, Ajogwu, argued that the applicant could not by his suit, seek to restrain the respondents from performing their constitutional and statutory duties.

Ajogwu said: "My Lord, this suit is speculative, hypocritical and an attempt toshield the applicant from the machinery ofthe administration of justice, which the Federal Government has started."

"My Lord, we respectfully submit that the applicant is not entitled to a grant of perpetual injunction, restraining the respondents from performing their constitutional duties."

Ajogwu, while moving his preliminary objection to the suit, argued that the suit bordered on employment and as such the provisions of Section 254 (c) 1 (d) of the 1999 Constitution had vested jurisdiction to entertain such suit in the National Industrial Court.

He said: "Section 254 (c) 1 (d) of the constitution vests exclusive jurisdiction in the NIC , with respect to civil cases or matters touching on employment, labour or industrial relations."

"We respectfully urge the court to hold that it has no jurisdiction to entertain the reliefs sought by the applicant, and strike out the suit."

He also quoted Justice Niki Tobi, a retired Justice of the Supreme Court, as saying, "A court cannot grant perpetual injunctionon a mere prima facie case; the applicant’s suit is basically an action to shield him from the machinery of administration of justice, which has been kick-started by the respondents."

"I, therefore, urge your Lordship, like the Biblical Pontius Pilate, to wash your hands off this case, as it is not the affairs of this honourable court."

Abuo and Idakwo, also associated themselves with Ajogwu’s submissions.

But Idakwo added that it was absurd for the applicant to argue that an interaction with the SSS for less than an hour, amounted to a violation of his rights. He maintained that the provisions of Section 6 of the National Security Agencies Act, empowered the Service to impound the international passport of a suspect, pending the conclusion of investigations.

He therefore urged the court to strike out the applicant’s suit.

But Awodein said it was untrue that his client was trying to prevent the security agencies from performing their duties.

He said; "It cannot be suggested that the applicant is restraining the respondents from performing their duties, but they must be restrained from doing so, without due process of the law."

"The seizure of the applicant’s passport by the third respondent, is a violation of his freedom of movement...."

"The allegations against the applicant as to funding of terrorism, is an afterthought by the respondent, which is not backed by facts, as there is no reasonable suspicion that the applicant committed any crime."

"The law clearly defines how such duties should be performed, and so, I invite your Lordship to hold that the applicant has a cause of action against the respondent."

He maintained that the court was clearly vested with jurisdiction to hear the suit.

The counsel added that the suit had nothing to do with the terms of employment of the applicant or industrial relation as submitted by Ajogwu.

He argued that the applicant in his originating summons, never sought for an order of perpetual injunction, adding that the reliefs sought were qualified.

He also urged the court to dismiss the preliminary objection of the respondents, and uphold the case of the applicant.

Justice Ibrahim Buba after taking parties' argument adjourned ruling till April 3.

The court had on February 21, granted an interim order of injunction, restraining the respondents from arresting, detaining, or harassing Sanusi pending the determination of the motion on notice.