This court believes the way Mr. Sanusi was treated by the respondents deserves condemnation and exemplary damages.
Justice Ibrahim Buba of the Federal High Court, Lagos, on Thursday ordered the federal government, the Nigerian police, and the State Security Service, SSS, to issue a public apology as well as pay N50million in damages to Lamido Sanusi, the suspended Governor of the Central Bank of Nigeria.
The judge also ordered the trio to restrain from arresting Mr. Sanusi and immediately release his international passport, unlawfully seized from him in February.
Delivering a judgment in a suit filed by Mr. Sanusi seeking an order restraining the police and the SSS from infringing on his fundamental rights, the judge dismissed the SSS’ allegations that the suspended CBN boss was financing terrorism.
Joined in the suit were the Attorney General of the Federation, AGF; Inspector General of Police; and the SSS as first, second, and third respondents respectively.
The SSS had hinged its decision to arrest Mr. Sanusi and confiscate his passport on allegations that he was aiding terrorists.
While the judge accused the Nigerian government and the SSS of presenting conflicting statement in their argument, showing that they had “acted in bad faith;” he noted that the Nigerian police were frugal by stating that they had not been briefed by anyone to investigate or arrest Mr. Sanusi.
Mr. Buba also noted that the AGF and the SSS were “not on the same page” and had only began to sing discordant tunes as an afterthought.
Earlier in the suit, Fabian Ajogwu, representing the AGF had challenged the court’s jurisdiction, arguing that the matter ought to be heard at the National Industrial Court since it bothered on the employment of the applicant.
The judge, in his judgment, maintained that the suit was not a labour or labour-related issue.
“There is no relief relating to employment. There is no relief inextricably tied to employment other than the seizure of passport.
“The first respondent laboured to submit that the applicant is not entitled to a grant of perpetual injunction, but this court is of the opinion that for every infraction, the applicant is entitled to a relief.
“This court believes that the action of the respondents in this suit, deserves condemnation and exemplary damages.
“This court has no doubt that the applicant has made out his case against the respondents, and so, resolve all the issues in favour of the applicant. For the avoidance of doubt, the court makes the following declaratory order:
“A declaration that the first respondent, acting through the officers of the third respondent or its privies, does not have any power to forcefully withdraw and keep the passport of the applicant for any reason whatsoever.
“A declaration that the respondent do not have any power to forcefully withdraw and seize the passport of the applicant, without compliance with section 5 (1) of the Passport Miscellanous Provisions Act 2004.
“A declaration that the forceful seizure and detention of applicant’s passport, is an unlawful violation of his right to freedom of movement, enshrined in section 35 of the 1999 Constitution and article 12 of the Charter on Human and Peoples Right Act.
“A declaration that the conduct of respondent acting through the officers of the SSS, in forcefully arresting the applicant without due allegation or suspicion of a crime, is an unlawful violation of his right to personal liberty.
“An order of this court is hereby made restraining the respondent, their agents, privies or any other law enforcement agency of the respondents, from further interfering, harassing or infringing on the personal liberty of the applicant.
“An order for immediate release to the applicant of his international passport forcefully withdrawn and seized on Feb. 20, is hereby made.
“Having granted a restraining order, the order of perpetual injunction cannot be granted because for every infringement, the applicant has a right to come to court.
“An exemplary damages against the respondents jointly and severally is also awarded, in the sum of N50 million only.
“An order is also made, directing the respondent to make a public apology to the applicant for unlawful arrest, detention and harassment” Mr. Buba said.
The judge, however, turned down Mr. Sanusi’s prayer to be granted an injunction perpetually restraining the law enforcement agencies from arresting him, noting that the CBN governor could always return to court when the need arises.
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