TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Court restrains Police, DSS from arresting Sanusi, awards him N50m damages

The Citizen by The Citizen
April 3 2014
in Latest News, Uncategorized
A A
0

A Federal High Court in Lagos on Thursday issued a restraining order against the Police, Department of State Service or their privies from arresting the suspended Governor of the Central Bank of Nigeria, Mallam Sanusi Lamido Sanusi.

Justice Ibrahim Buba gave the order while delivering judgement in a suit filed by Sanusi, seeking an order restraining the police and the DSS from infringing on his fundamental rights.

Sanusi had filed the suit through his Counsel, Prof. Yemi Osibajo (SAN), seeking an order restraining the Police and the DSS from arresting, detaining or otherwise harassing him.

Joined as First to Third respondents in the suit are: The Attorney-General of the Federation, the Inspector-General of Police and the SSS.

Delivering his judgement on Thursday, Justice Buba dismissed a preliminary objection filed by Dr. Fabian Ajogwu (SAN) on behalf of the AGF, challenging the jurisdiction of the court to hear the suit.

Ajogwu had argued that the suit was wrongly instituted before the Federal High court, since the matter bordered on the employment of the applicant and so should be within the exclusive jurisdiction of the National Industrial Court.

Dismissing the objection, Buba held that the provisions of sections 11 of the Labour Act, cannot take away the jurisdiction bestowed on the FHC by the Constitution.

He 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.

Buba 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.

Buba 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 court therefore dismissed the preliminary objection of the AGF, holding that the court had jurisdiction to hear and determine the applicant’s suit.

Delivering his judgement on the main suit, the court held that from the totality of averments in the applicant’s originating summons, there is no doubt that the respondents had failed to answer all the questions raised.

He held that the first and third respondents, presented conflicting averments in their counter affidavits, which shows that they are not on the same page on the issue, and had acted in bad faith.

The averment of the second respondent is frugal, as it stated clearly that they had not been briefed by anyone to investigate or arrest the applicant.

Buba added: “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.

“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.”

The court had on February 21 granted an interim order of injunction, restraining the respondents from arresting, detaining, or harassing the applicant, pending the determination of the motion on notice.

The interim order was sequel to an affidavit of urgency filed by the applicant on the same date. NAN

 

 

Previous Post

N20m fraud: Court asks ex-banker to open defence

Next Post

Senate moves to place burden of proof on INEC for electoral malpractices

Related Posts

Tinubu orders probe into death of detained miners in Niger State
Headlines

Tinubu orders probe into death of detained miners in Niger State

September 19 2026
Gov. Bago declares 24-hour curfew following unrest over miners’ deaths
Latest News

Gov. Bago declares 24-hour curfew following unrest over miners’ deaths

September 18 2026
JAMB explains ‘not admitted’, ‘admission in progress’ statuses
Latest News

JAMB explains ‘not admitted’, ‘admission in progress’ statuses

September 17 2026
Nigerians begging me to slow down power supply, says Minister
Latest News

Nigerians begging me to slow down power supply, says Minister

September 16 2026
2027: Why I can’t step down for Atiku – Peter Obi
Latest News

2027: Why I can’t step down for Atiku – Peter Obi

September 11 2026
NDC candidates sign affidavits as party moves against defections
Latest News

2027: NDC wins logo war, secures INEC approval

September 11 2026
Next Post

Senate moves to place burden of proof on INEC for electoral malpractices

Court restrains Police, DSS from arresting Sanusi, awards him N50m damages

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Minister defends King’s College concession, cites infrastructure decay

Minister defends King’s College concession, cites infrastructure decay

by The Editor
September 16 2026
0

...

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

Kano, Sokoto, others spend N53.2bn on scholarships abroad

INEC fixes Sept 19 for Kano Assembly by-election

by The Editor
August 27 2026
0

...

Awujale: Ruling House sues Ogun, kingmakers

Awujale: Ruling House sues Ogun, kingmakers

by The Editor
August 25 2026
0

...

APPOINTMENTS

Gov. Yahaya swears in 19 new Gombe permanent secretaries

Gov. Yahaya swears in 19 new Gombe permanent secretaries

by The Editor
September 11 2026
0

...

Niger State governor appoints six commissioners-designate, four aides

Niger State governor appoints six commissioners-designate, four aides

by The Editor
September 8 2026
0

...

Tinubu swears in Enitan as new Head of Service

Tinubu swears in Enitan as new Head of Service

by The Editor
August 28 2026
0

...

Tinubu names new Head of Service

Tinubu names new Head of Service

by The Editor
August 19 2026
0

...

ODDITIES

Residents find lifeless body in Akwa Ibom gutter, police begin probe

New co-tenant absconds with neighbour’s children in Akwa Ibom

by The Editor
September 17 2026
0

Palliatives: Sokoto residents feared dead in stampede at Wammako’s residence

Police Inspector slumps, dies after fitness exercise

by The Editor
September 3 2026
0

How friend deceived me to sell my kidney, bought phones with payment — Victim

How friend deceived me to sell my kidney, bought phones with payment — Victim

by The Editor
August 30 2026
0

GLOBAL NEWS

Trump bars CNN, MS NOW, Politico from White House

Trump bars CNN, MS NOW, Politico from White House

by The Editor
September 18 2026
0

...

2027 Hajj: Saudi Arabia rejects Nigeria’s request for additional slots

2027 Hajj: Saudi Arabia rejects Nigeria’s request for additional slots

by The Editor
September 17 2026
0

...

Canada flags Nigeria, 16 African countries as high-risk in new travel advisory

Canada raises study permit, visitor visa processing times for Nigerians

by The Editor
September 17 2026
0

...

Trump promises Americans $5,000 if Republicans win Congress

Trump races to confirm judges before midterm elections

by The Editor
September 16 2026
0

...

US, Israel, Iran agree to 2-week ceasefire as Trump pulls back on threats

US Appeal Court affirms block on Trump bid to curb mail-in ballots

by The Editor
September 11 2026
0

...

State of the States

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

by The Editor
September 17 2026
0

...

Fubara orders fresh LG elections in Rivers State

Fubara signs N1.84tt Rivers 2026 budget into law

by The Editor
September 3 2026
0

...

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

by The Editor
September 2 2026
0

...

Gov. Mutfwang convenes security council over Plateau attacks

Gov. Mutfwang convenes security council over Plateau attacks

by The Editor
September 2 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Tinubu orders probe into death of detained miners in Niger State

Tinubu orders probe into death of detained miners in Niger State

September 19 2026
Trump bars CNN, MS NOW, Politico from White House

Trump bars CNN, MS NOW, Politico from White House

September 18 2026
Gov. Bago declares 24-hour curfew following unrest over miners’ deaths

Gov. Bago declares 24-hour curfew following unrest over miners’ deaths

September 18 2026
FG moves to implement Digital Free Zones

FG moves to implement Digital Free Zones

September 17 2026

EDITORIAL REVIEW

2027: Voter registration figures must mirror turnout – Punch

2027: Voter registration figures must mirror turnout – Punch

by The Editor
September 17 2026
0

EFCC recoveries: The good, the bad and the ugly – Punch

EFCC recoveries: The good, the bad and the ugly – Punch

by The Editor
September 11 2026
0

Football’s house of failure – Punch

Football’s house of failure – Punch

by The Editor
September 8 2026
0

FAAC shares N2.09tr to FG, states, local councils as October revenue

FAAC bonanza: Nigeria’s fiscal paradox – Punch

by The Editor
September 3 2026
0

Interstate highways of agony, hollow excuses – Punch

Interstate highways of agony, hollow excuses – Punch

by The Editor
September 1 2026
0

Opinion

 Akpakomiza and other stories

by The Editor
September 1 2026
0

...

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Fake agencies: Why Nigeria still needs Oronsaye report

by The Editor
August 25 2026
0

...

How Adeleke danced back from the dead

How Adeleke danced back from the dead

by The Editor
August 19 2026
0

...

Adeleke’s win and the cost of winning at all costs

Adeleke’s win and the cost of winning at all costs

by The Editor
August 18 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.