Suspended Central Bank Governor, Mallam Lamido Sanusi’s hopes of an early return to office suffered a setback on Wednesday after an Abuja Federal High Court refused an ex parte motion he filed in a bid to set aside his suspension by President Goodluck Jonathan.
The court instead ordered that the President should be put on notice, and fixed March 12 for both sides (Sanusi and Jonathan) to argue the motion.
In the motion he filed on February 24, the apex bank chief asked the court to reinstate him, and also make an order of interlocutory injunction restraining the President, the Attorney-General of the Federation and the Inspector-General of Police from stopping or preventing him from performing the functions of the CBN governor and enjoying in full, the statutory powers and privileges attached to the office.
While urging the court to immediately grant the motion, Sanusi had argued that any delay might cause irreparable and serious damage and mischief on him in the exercise of his statutory duties as the CBN governor.
However, when the ex parte motion came up on Wednesday, Justice Gabriel Kolawole of the Abuja FHC directed Sanusi to put the defendants on notice to enable them appear before the court to explain why the application should not be granted.
Justice Kolawole noted that he felt hesitant and constrained to grant Sanusi’s ex parte motion.
He explained that it was unsafe to grant far reaching interim orders which have all the attributes of a mandatory injunction without giving the defendants a hearing.
Also, according to the judge, once the defendants have been served with the originating summons and motion on notice, the court would need to determine whether, considering the Third Alteration Act No. 20 of the 1999 Constitution, as amended, the Federal High Court has the jurisdiction to entertain the suit.
The court said it would rather review Sanusi’s ex parte motion and as a result, directed that the motion be served on Jonathan and the other defendants by March 12.
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