Justice Ibrahim Buba, of Federal High Court sitting in Lagos Thursday issued an order restraining the Police, Department of State Service (DSS) from arresting the suspended Governor of the Central Bank of Nigeria (CBN), Sanusi Lamido Sanusi.
The Judge also made a declaration that the international passport of the applicant, Sanusi, be returned to him forthwith while also awarding damages in his favour in the sum of N50 million.
Prompt News recalls that on February 21, the court had granted an interim order of injunction, restraining the respondents (AGF, Police, DSS) from arresting, detaining, or harassing the applicant, pending the determination of the motion on notice.
Justice Ibrahim, while delivering judgment on Thursday in a suit filed by the suspended CBN governor, seeking an order restraining the security operatives from infringing on his fundamental human rights, dismissed a preliminary objection filed by Fabian Ajogwu (SAN), counsel on behalf of the AGF.
Justice Buba, held that the provisions of sections 251 of the Constitution vest jurisdiction of the Federal high court, to entertain matters touching on enforcement of fundamental human rights.
He also held that the applicant had brought the suit under the provisions of Chapter 4 of the Constitution seeking an enforcement of his rights and so is not a dispute relating to his terms of employment.
The Judge said, “The averment by respondent that the matter is labour related is far from the truth.
“The first respondent is trying to set up another case for the applicant.
“”It is a case of “shifting the goal post” and making a case for the applicant.
“The facts deposed in the applicant’s originating summons and his affidavit, speaks for itself.
“It is a suit for enforcement of his fundamental right, which is recognisable by the federal high court.
“The court allows any person who perceives that his rights are likely to be infringed on, to approach the court for redress.”
“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 resolves all the issues in favour of the applicant”.
Consequently, Justice Buba ruled, saying “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 respondents do not have any power to forcefully withdraw and seize the passport of the applicant, without compliance with section 5 (1) of the Passport Miscellaneous 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 February 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.”
