Justice Gabriel Kolawole held in his judgment that the matter was a labour and employment -related suit and therefore ordered that it be transferred to the National Industrial Court.
The judge held that, in line with Sections 251(1) and 254(c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the proper court where Sanusi ought to have instituted the suit was the NIC.
He directed that the case of Sanusi, whose tenure as the CBN governor officially expires on June 1, “be heard and determined with utmost urgency” by the NIC.
Justice Kolawole delivered a joint judgment in the substantive suit and the separate notices of preliminary objection filed by Jonathan and the Attorney-General of the Federation, Mr. Mohammed Adoke, who were both the first and second defendants.
He struck out the name of the Inspector-General of Police, Mohammed Abubakar, as the third defendant, holding that the case did not disclose any cause of action against the police IG.
The judge however said that the plaintiff had the liberty to challenge his judgment at the Court of Appeal.
He rejected the prayers of the defendants in their separate notices of preliminary objection to either dismiss or strike out the suit.
The judge, rather than granting the defendants’ prayer, made the order of transfer, relying on Order 56 Rule 3 of the Federal High Court Civil Procedure Rules, 2009 and section 24(3) of the NIC Act, 2006.
“In conclusion, the plaintiff’s case is hereby transferred to the National Industrial Court, subject to Section 24 (3) of the National Industrial Court Act 2006 and shall be heard and determined on the direction of its President in accordance with the 1999 Constitution of the Federal Republic of Nigeria (as amended) as well as other relevant and enabling Acts as a matter of utmost urgency,” Justice Kolawole ruled.
The judge added that he deliberately refrained from deciding the substantive suit on its merit so as to be fair to the NIC, which he said was entitled to hear the matter afresh and to avoid making any pronouncements that could deny justice to any of the party at the NIC.
He said, “All the issues which I earlier pencilled down that I would have to resolve will now be shifted to the National Industrial Court.
“This is to ensure that the fundamental issue which the plaintiff’s case has thrown up can be resolved by the National Industrial Court.”
The judge held that only public officers whose tenure and appointment was specifically mentioned in the constitution could approach the Federal High Court for such judicial interpretation.
He held, “The plaintiff’s application is rooted in the CBN Act 2007 and not in the Constitution.
“In view of the conclusion which has been inevitably reached, the Federal High Court has no jurisdiction to entertain the case, causes and action of a plaintiff as an employee of a statutory body like CBN.”
Source: Punch
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