Sanusi Appeals Federal High Court Judgment Declining Jurisdiction to Hear Suspension Suit

The suspended Governor of the Central Bank of Nigeria, Mallam Sanusi Lamido Sanusi has today, May 28, 2014 filed an Appeal challenging the decision of Honourable Justice Gabriel Kolawole of the Federal High Court, Abuja declining Jurisdiction to hear his suit essentially seeking to re-instate him as Governor of the Central Bank of Nigeria.

The Federal High Court had in a Judgment delivered on May 20, 2014 agreed with the submissions of Counsel to the President, Dr. Fabian Ajogwu, SAN as well as that of Counsel to the Attorney-General of the Federation, Mike Ozekhome, SAN who had argued that the Sanusi’s suit which bothers on employment issues ought to have been brought before the National Industrial Court and not the Federal High Court.

In a Notice of Appeal filed on May 28, 2014, by Mallam Sanusi’s Counsel Kola Awodein, SAN, Mallam Sanusi is challenging the Judgment of the Federal High Court on 20 grounds. It is the contention of Mallam Sanusi that the Federal High Court ought not to have held that it lacks jurisdiction to entertain the suit. Mallam Sanusi’s Counsel also contends that the transfer of the suit to the National Industrial Court by the Federal High Court was wrongful. Mallam Sanusi’s major prayer to the Court of Appeal is to set aside the judgment of the lower Court as well as to allow his Appeal.

However, Counsel to the President, Dr. Fabian Ajogwu, SAN as well as Counsel to the Attorney-General have also filed Notices of Appeal challenging the decision of the Federal High Court transferring the suit to the National Industrial Court. It is there view that the Federal High ought to have struck out the matter when it held that it does not have jurisdiction. They have also filed Motion for Stay of Proceedings at the National Industrial Court.

Kola Awodein, SAN has also filed a Motion on Notice to stay proceedings at the National Industrial Court pending the determination of the Appeal filed at the Court of Appeal by parties.

As at Press time, it is not clear whether the planned hearing of Sanusi’s suit will go on as fixed for May 30, 2014 by the National Industrial Court in the light of the Motion for Stay of Proceedings filed by parties to the suit.