The suspended former
Governor of apex bank in Nigeria, Sanusi
Lamido Sanusi is now a lucky man having to be compensated through order of
Federal High Court in Lagos by the State
Security Service (SSS) and the Federal Government (FG) and the Police (NPF) to
immediately release the passport of the suspended Governor of the apex bank
amidst payment of whooping sum of N50m compensation with public apology to him
on what is describe as infringement on his fundamental human right
The court, in a judgment
it delivered on Thursday, also directed the respondents, including the police,
to pay N50m to him as exemplary damages for unlawfully detaining him and
seizing his passport. The judgment which was delivered by Justice Ibrahim Buba considering the judgment in the fundamental
rights enforcement suite instituted by Sanusi following his arrest, detention,
and seizure of his passport on February 20,2014
The former Central Bank
Governor was freed from the allegation of terrorism financing as the basis for
arresting him and seizing his passport. Court described the allegation as an
afterthought. He therefore ordered the respondents to “jointly and severally”
pay N50m to Sanusi and issue a public apology to him for their actions
The total number of
eight out of nine request of former CBN boss was granted, only refrained
from granting an order of perpetual injunction restraining the law enforcement
agencies from arresting, harassing or intimidating him without recourse to the
law
The judge gave a
directive that such order was not necessary as the applicant could always
return to the court if any form of rights infringement arose in the future
The judge, who earlier
in his judgment, dismissed the respondents preliminary objection to the suit,
held that the respondents, acting through the SSS “do not have power to
forcefully withdraw and seize the applicant’s passport for any reason” as it
was stated in Section 5(1) of passport Act, Cap
343 Laws of Federation of Nigeria , 2004. This provision only empowers
the Minister of Interior to seize or cancel a person’s passport on certain
conditions
Buba also stated that
the respondent’s acts constituted an infringement of the applicant’s rights as
guaranteed under section 35 and 41 of the 1999 Constitution.
DSS has Appeal the
Judgement
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