MALAM SANUSIS SUSPENSION: MR PRESIDENTS ACTION IS IN ORDER The suspension of the CBN Gov by PGEJ in my considered opinion is in line with the provisions of the enabling laws of the land. Mr. President did not acted in altra vires of his powers vested on him by the laws in force. Going by the said suspension, I wish to formulate the following issues for determination. (1) Whether the CBN Act provides for the removal of the Gov (CBN) on grounds of misconduct/official corruption; (2) Whether the President can remove the CBN Gov without recourse to the Senate; (3) Whether the President can suspend the CBN Gov having regard to the lacuna in the CBN Act which did not provide for same. In considering Issue No. 1, its my humble submition that the CBN Act, Cap C4, LFN, 2004 under Section 11 (2) (c), (d) & (f) provides that the Gov can be removed from office by the President of FRN if he is convicted of any offence by a court of law or there is a misconduct or breach his professional ethics... In Issue 2, the President according to Section 11 (2) of the CBN Act (supra) cannot remove the CBN Gov without having two-thirds majority approval by the Senate of the FRN. In the instant case, the President only suspended the Gov and not removal. Considering Issue 3, its petinent that the CBN Act did not empower the President of FRN to suspend the CBN Gov. However, the President is duly empowered to exercise same by the Interpretation Act, LFN, 2004. Section 11 of the Act provides thus: Where an enactment confers a power to appoint either to an office or to exercise any functions, whether for a specified or not, the power includes: (b) power to remove or suspend him. The Act went to further to validate the Presidents action in appointning Acting Gov for the CBN. Paragraph (c) stated that: the power, exercisable in the manner and subject to limitations and conditions (if any) applicable to the power to appoint- (i) to reappoint or reinstate him, (ii) to appoint a person to act in his place, either generally or in regard to specified expedient by the authority in whom the power of appointment in question is vested. The question to ask is, who has the power to appoint the CBN Gov? The CBN Act unambigously conferred the power of appointing the Gov, Deputy Gov and all the Directors on the President of FRN. Going by the aforementioned provisions, it is my considered opinion that the President only acted in accordance with the enabling laws. The CBN Act is an act of National Assembly and thus, the Interpretation Act shall be applied to it. Section 1 of the Interpretation Act provides that: This Act shall apply to provisions of any enactment except in so far as the contrary intention appears in this Act or the enactment in question. Having said that, it is mischievous of the antagonists of Sanusis lawful suspension to carpet the President since he has satisfied with the requirements of all existing laws and conventions. In Benard Lounge Vs First Bank of Nigeria (2007), the Supreme Court said an appointor can only validly remove or suspend his appointee if a notice of same is earlier given to the later. In this case, a querry was issued to Sanusi since May, 2013. It therefore qualified as a valid notice to Mr. Sanusi in which the later failed and or refused to adequatedly responded to the querry.
Posted on: Sun, 23 Feb 2014 08:30:01 +0000
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