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The international passport of suspended Central Bank Governor, Sanusi Lamido Sanusi, was seized by State Security Service (SSS) because he is suspected of financing the Boko Haram terrorist sect.
This came to light yesterday at a Federal High Court sitting in Lagos, where Sanusi filed a suit for the enforcement of his fundamental rights following his suspension by President Goodluck Jonathan.
In his preliminary objection to the suit, the SSS counsel, Moses Idakwo, said his client was investigating Sanusi for allegedly financing terrorism. He insisted that the SSS did not keep Sanusi for up to an hour on that day, February 20, which could not constitute a violation of his rights. Sanusi’s passport was seized as he arrived the country from Niger Republic, where he was on official assignment, only to be informed that he had lost his job, less than four months to the expiration of his five-year tenure.
Idakwo drew attention to the provisions of Section 6 of the National Security Agencies’ Act, which empowers the SSS to impound the international passport of suspects pending the conclusion of investigations.
Responding, Sanusi’s counsel, Kola Awodehin (SAN), however, dismissed the claim of suspected terrorism sponsorship, saying it lacked substance and that there was no evidence to back it.
According to Awodehin, “The allegations against the applicant as to funding of terrorism, is an after thought 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.”
Awodehin consequently urged the court to dismiss the preliminary objection and uphold the case of the applicant.
On his part, counsel to the Attorney-General of the Federation (AGF), Fabian Ajogwu, while objecting to the suit, urged the court to strike it out for want of jurisdiction. He argued that the provisions of Section 254 (c) 1 (d) of the 1999 Constitution (as amended) ousted the court’s jurisdiction to entertain the suit.
Ajogwu noted that the case before the court bordered on the applicant’s employment, saying that labour -related cases are within the exclusive jurisdiction of the National Industrial Court (NIC).
“Section 254 (c) 1 (d) of the Constitution vests exclusive jurisdiction on the National Industrial Court, with respect to civil causes or matters touching on employment, labour or industrial relations,” he said, adding: “We respectfully urge the court to hold that it has no jurisdiction to entertain the reliefs sought by the applicant.”
Ajogwu further argued that the applicant should not, by the suit, seek to restrain the respondents from performing their constitutional duties.
After listening to all the arguments, the court adjourned ruling on the preliminary objection till April 4.
The court had on February 21 granted an interim order, restraining the respondents from arresting, detaining, or harassing Sanusi pending the determination of the substantive suit.
The interim order was sequel to an affidavit of urgency filed by the applicant on the same date.
•Photo showsSanusi Lamido Sanusi.