Reprieve came the way of suspended Central Bank Governor, Sanusi
Lamido Sanusi, Thursday, as a Federal High Court sitting in Lagos,
southwest Nigeria, awarded N50 million damages in his favour against the
Federal Government for breaching his fundamental human rights.
The
court presided over by Justice Ibrahim Buba also ordered the Federal
Government to offer a public apology to Sanusi and return his seized
passport immediately.
The court further ordered that Sanusi should not be arrested without due process henceforth.
In
his judgement, Justice Buba dismissed the preliminary objection raised
by the Attorney General of the Federation, Mohammed Adoke, that the
issue between the Federal Government and Sanusi has to do with labour
matters.
However, in dismissing the objection, the court said the
issue brought before it by Sanusi was in relation to violation of his
fundamental human rights.
In the 33-paragraph statement of claims
sworn to by Sanusi and filed before the court, Sanusi alleged that as he
was returning to Nigeria on 20 February, 2014 from Niger Republic where
he went to attend the meeting of Central Bank Governors of ECOWAS
states, in his capacity as Nigeria’s Central Bank Governor, his passport
was seized at the Murtala Muhammed International Airport in Lagos and
he was detained for one hour by SSS operatives.
Consequently, his
fundamental human rights were not only breached but also violated and
that there was threat of further arrest and detention.
The judge
said the Attorney General’s objection could not be sustained and what
Sanusi came for was violation of his fundamental human rights which has
nothing to do with labour matters, industrial relations or trade
unionism.
However, the Attorney General in his defence alleged
that Sanusi’s tenure as CBN governor, was characterized by financial
mismanagement recklessness and mismanagement.
The Inspector
General of Police, Mohammed Abubakar, who is also a defendant in the
case, in his defence claimed that he didn’t seize Sanusi’s passport
neither was Sanusi arrested or detained by him, therefore, Sanusi has no
case against him and he has not done anything to violate Sanusi’s
rights.
SSS on its part alleged that there is an allegation that
Sanusi is financing a terrorist group, hence there is need for him to be
investigated, which led to the seizure of his passport.
However,
in his reply, Sanusi said the issue of financial recklessness and
financing of a terrorist group was an after thought, adding that the
basis for his harassment and threats of arrest and detention was because
he exposed non remittance of oil revenue to the federation account by
the NNPC.
In his judgement, the judge said no material was brought
before the court that Sanusi was financing a terrorist group,
therefore the allegation was an after thought.
The judge says the action of the SSS deserves condemnation and deserves exemplary damages.
Buba
said the SSS has no power to seize the passport of any citizen without
any due process, citing section 5 (1) of the Passport Act.
The
judge also said therefore the seizure of Sanusi’s passport was a
violation of his fundamental human rights and ordered that his passport
should be returned to him, citing the case of Shugaba who was deported
from Nigeria unlawfully.
Buba said Sanusi should be paid N50
million exemplary damages by the Federal Government and that the Federal
Government should render an apology to Sanusi.
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