Shortly after the applicant’s lawyer, Sam Kagbo, informed the court about the application, Justice Kolawole said he felt hesitant and constrained to grant the reliefs sought. He ordered that the respondents be put on
notice.
The judge held that it was unsafe, at the current preliminary stage of the case, for the court to embark on granting far-reaching interim orders which have all the attributes of a mandatory injunction without hearing from the defendants. Justice Kolawole noted that, when defendants have been duly served with the originating summons and motion on notice, he intends to inquire whether, in the light of the Third Alteration Act, No: 20 of the Constitution, the Federal High Court has the jurisdiction to hear the case, irrespective of the questions for determination contained in the originating summons.
On plaintiff’s apprehension that a delay would occasion harm to his interest, the judge noted that the court possesses the powers to declare the suspension unlawful and order his return to office, if at the end of trial, it finds that the suspension was wrong. He added that even where the tenure had lapsed, the court could order the defendants to pay the plaintiff such remunerations and allowances, if his remuneration and allowances were also suspended while his suspension lasted.
He consequently adjourned to March 12 for hearing.
In a suit filed on Monday, Sanusi wants the court to among others, restrain the President and two others from giving effect to his purported suspension pending the determination of his suit. Also to be restrained are the Attorney General of the Federation (AGF) and the Inspector General of Police (IGP).
-Nationonline
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