The Senate Saturday foreclosed any deliberation on Thursday’s suspension of the Governor of Central Bank of Nigeria (CBN), Mallam Sanusi Lamido Sanusi, saying the matter is already subjudice.
Sanusi was suspended by President Goodluck Jonathan on February 20, over allegations of financial recklessness and misconduct.
Speaking with THISDAY in a telephone conversation Saturday, Senate Leader, Victor Ndoma-Egba, said since the matter had already gone to court, it would obtain judicial remedy and therefore, there would be no necessity to consider it in the Senate.
Ndoma-Egba’s clarification came against the backdrop of insinuations that Sanusi’s suspension was illegal because CBN Act does not provide for suspension of the governor but only makes provision for his removal through the two-third majority of the Senate.
Section 11 (f) of the CBN Act 2007 stipulates that the Governor of CBN can only be removed by the president supported by two-third majority of the Senate praying that he be so removed.
Ndoma-Egba, a Senior Advocate of Nigeria (SAN), therefore ruled out the possible consideration of the matter in Senate even after being dispensed with in the court, saying the court will determine any matter arising from it at that level.
“Well, what l know is that the matter is already in court and any matter that goes to court does not return to the Senate for discussion but will be determined at that level,” he said.
On Thursday, Senate spokesman, Senator Enyinnaya Abaribe, in a swift reaction to Sanusi’s suspension had said the president acted within the ambit of his statutory powers.
He said it was only the sack of the CBN Governor that could not be unilaterally carried out by the president, insisting that his suspension by him was in order.
“The president only suspended Sanusi; he did not sack him. So he acted accordingly,” Abaribe said.
Abaribe also disclosed that the president did not communicate Sanusi’s suspension to the Senate, saying only the names of Sanusi’s successor, Godwin Emefiele and his deputy, Adelabu Adekola, were sent to the chamber for confirmation.
But Senator Bukola Saraki (Kwara Central), in a statement yesterday, disagreed with Abaribe that Jonathan acted within his statutory powers by suspending the CBN governor.
According to him, at no time did the Senate debate the issue of Sanusi’s suspension, saying Abaribe’s statement on behalf of the Senate “is misleading and should be regarded as his own personal opinion and not that of the entire Senate of the Federal Republic of Nigeria.”
He insisted that the law establishing and guiding the operations of CBN does not provide for the suspension of CBN Governor, but only stipulates his removal by the president when supported by two-third majority of the Senate praying that he should be removed.
According to Saraki who said the term of a CBN Governor is constitutionally guaranteed, “the nomination of CBN Governor by the President is simply performing a legal duty and not that of expressing his pleasure.”
But unlike Ndoma-Egba who had ruled out the consideration of the matter because it is subjudice, Saraki expressed hopes “that when the Senate resumes on its next legislative day, it would view this matter from a bipartisan approach and not along party lines or other divides but rather in the best interest of our dear country.”
He added: “As legislators and representatives of the people, we must be seen to protect our laws, defend it and uphold the constitution of the Federal Republic in the interest of the present generation and even that of the unborn.”
Saraki, who spoke with reporters in Ilorin, Kwara state capital, said, “there is no way President Goodluck Jonathan can justify his decision on the matter in the face of clear provisions of the CBN Act”.
The former governor of Kwara state noted that “President Goodluck Jonathan has been ill-advised on the issue and warned that if not handled right, it will affect the independence of other institutions that are meant to stabilise the country”.
He expressed concern that investors would now be wary of doing business again with the country given the ‘arbitrary’ removal of Sanusi.
“There are fears such treatment could also be meted out to others if not checkmated now.
“Today it is the CBN Governor, who knows the president may wake up tomorrow and suspend the chairman of INEC,” he stated.
He said further: “I was reading in the newspaper that the Senate has taken a position on the Sanusi issue and I want to say that the Senate has not at any time discussed the issue. I think the senator who was quoted was talking on his personal recognition. From reading the CBN Act, there is no room, for the president to either suspend or remove the CBN Governor.
“There is no letter or request before us; maybe when we get back now we will get the letter. We must follow the laws. There was a reason we passed the law otherwise everybody will just be doing as he pleases. If the president can suspend the CBN Governor then how are we sure that he won’t one day say he has suspended the INEC Chairman?”
Source: Thisday
