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A Federal High Court in Lagos on Friday fixed April 11 to hear a suit filed by Malam Sanusi Lamido Sanusi, seeking to halt investigation into his tenure by the Financial Reporting Council of Nigeria (FRCN).
Sanusi, the suspended Governor of the Central Bank of Nigeria, had filed the suit through his counsel, Mr Kola Awodehin (SAN).
He is seeking a declaration that the FRCN constituting itself into an investigating body in a manner contained in some newspaper publications of March 24 is ultra vires in its powers.
Sanusi joined the FRCN and the Executive Secretary of the FRCN as the first and second defendants.
The News Agency of Nigeria (NAN) reports that Sanusi is seeking a declaration that the conduct, actions and decision of the defendant were ultra vires.
He averred that the FRCN’s declaration in a briefing note dated June 7, 2013 and submitted to the President were ultra vires in their powers as contained in the FRCN Act, 2011.
He is also wants a declaration that the defendant, having reached a conclusion as to his culpability as CBN governor, indicated in the briefing note can no longer conduct any investigation on the same matter.
“A declaration that the defendant’s recommendation regarding the plaintiff in briefing note date June 7, 2013 that he having been removed from office as CBN governor, were ultra vires under the FRCN Act 2011.
Sanusi urged the court to declare that the proposed investigation as advertised in the Punch Newspaper of March 24 was tantamount to a breach of natural justice.
Sanusi, therefore, sought an order restraining the defendants or any person, body, agent, or privies, under its authority, or pursuant to the FRCN Act, from conducting and continuing with investigation or inquiry as advertised.
NAN reports that the defence has, however, filed a preliminary objection, challenging the jurisdiction of the court to hear the suit.
In a short ruling, Justice James Tsoho, said that he would hear the defendant’s objection and the plaintiff’s motion together.
Tsoho, however, ordered that the status quo should be maintained until the suit was determined.
“It is hereby ordered that status quo as at the time of instituting this suit should be maintained until it is determined,” he said.
He adjourned the case to April 11 for hearing.
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