SERAP, Aturu, others condemn Jonathan’s action

The suspension of the Governor of Central Bank of Nigeria, Mr. Lamido Sanusi, by President Goodluck Jonathan on Thursday attracted condemnation, particularly among human rights and legal activists.

The Socio-Economic Rights and Accountability Project; Chairman of the Ikeja branch of the Nigerian Bar Association, Mr. Monday Ubani; and a popular Lagos lawyer, Bamidele Aturu, in separate interviews with our correspondent, said the suspension of Sanusi by Jonathan was illegal.

However, a Senior Advocate of Nigeria, Mr. Mike Ozekhome, backed the suspension, arguing that the step taken by the President was long overdue.

SERAP said the suspension of Sanusi amounted to “a distraction and can only contribute to shifting the focus of the government from the real issue, which is finding the missing $20bn oil money.”

 The group’s Executive Director, Mr. Adetokunbo Mumuni, said, “If it is true that the suspension is linked with Sanusi’s public disclosure of the missing funds, SERAP believes that this will be clearly wrong and contrary to the government’s obligations under the UN Convention against Corruption to target a whistle-blower simply for putting the information in the public domain.”

 Aturu maintained that the suspension of Sanusi was illegal.

He said, “The only mention of the word ‘suspension’ is in section 11(1)(d) and that relates to the removal of the Governor when he or she is disqualified or suspended from practising his or her profession in Nigeria. Of course, the illegal suspension of the governor is not from a professional body and is not at all contemplated by the law.

“It should be pointed out that the only occasion the President can recommend the removal of the governor or exercise any disciplinary control over him is under section 11(1)(f) and that recommendation must be supported by two-thirds majority of the Senate before he can be removed.”

Ubani said the provisions of the law were not clear on the suspension of the CBN governor, but added that what was of concern was the “selective suspension” of officials when allegations were raised.

He said, “There is no express provision as to whether the President can suspend the CBN governor. But the President can remove the CBN governor with the two-third majority votes of the Senate.

“If the President is alleging financial impropriety against Sanusi, he can suspend the CBN governor to allow unimpeded access by investigators. But my only problem is the selective posturing when there is allegation.”

 Ogunye said, “The President has not acted in public interest. The CBN Act No 7 of 2007 does  not vest the President the power to suspend the CBN governor. Under section 11 of that Act, the CBN governor can be removed by the President from office.

“The law does not provide any ground for the removal of t CBN governor without the concurrence of the two-third majority of the Senate.”

But Ozekhome said there was nothing in law which stopped the President from suspending the CBN governor when necessary.

“It was a very right. It was long overdue. The President has the power to suspend the CBN governor. It is only when he is dismissing the CBN governor that he will need the two-third majority of the Senate as stated in Section 11 of the CBN Act. But he can actually suspend the CBN governor.

“The CBN governor is part and parcel of the Federal Government. He is part and parcel of the success and failure of the Federal Government. Any appointor of an appointee can also remove that appointee.”

Copyright PUNCH.