The Federal High Court, Abuja will on
May 3, 2016 begin hearing in a suit filed by 10 plaintiffs against the
Governor of the Central Bank of Nigeria, Mr. Godwin Emefiele.
The suit was filed on behalf of Achilike Anderson and nine others by their counsel, Ezenwa Ibegbunam.
In the suit Number FHC/ABJ/CS/218/16,
the plaintiffs are seeking 10 reliefs, including an order directing the
Economic and Financial Crimes Commission to arrest and prosecute the CBN
governor for “offences of money laundering, unlawful, illegal and
fraudulent direct cash payment to the Office of the National Security
Adviser via a letter dated November 26, 2014 referenced: NSA/366/S.”
Besides the CBN governor, other
defendants are the President of the Federal Republic of Nigeria (second
defendant); the EFCC (third defendant); and the Senate of the Federal
Republic of Nigeria (fourth defendant).
The plaintiffs are seeking “an order
directing the second defendant (the President) pursuant of Section 11
(2) (c) and (f) of the CBN (Establishment) Act Cap C4 LFN 2004 to write
to the fourth defendant (Senate)” praying for the removal of the CBN
governor.”
They are also asking the court to order
the EFCC to carry out an investigation into the “unlawful, illegal, and
fraudulent act of the first defendant in making direct cash payment to
the office of the NSA.”
The plaintiffs urged the court to
declare that by “virtue of the combined effect of Sections 1 and 10 (1)
of the Money Laundering (Prohibition) Act 2004, the act of the first
defendant (the CBN governor) in making direct cash payment in various
sums of money to the Office of the NSA under the cover of ‘special
services” in excess of the authorised limit cash payment and without
giving the requisite report in writing within seven days to the third
defendant (EFCC) constitutes a gross abuse of and misconduct in
relation to the discharge of his duties.”
They are demanding that the court should
declare that the special cash payment to the NSA office constitutes “a
flagrant abuse of financial regulations, lacking in due process and
therefore illegal and unlawful.”
The plaintiffs are seeking a declaration
that the first defendant is in breach of his statutory duty to promote
sound financial system in Nigeria; ensure monetary stability and provide
financial advice.
They asked the court to declare that the
CBN governor has “misconducted” himself in the discharge of his duties
such that pursuant to Sections 5 (1) (B), (D); (E) (H), (I), (L) and 6
of the EFCC Act,2002, the anti-graft commission had the powers to
investigate the cash payment to the NSA office.
They want the court to declare that the
President is under the obligation to write the Senate praying for the
removal of Emefiele as the CBN governor.
Beside the cash payment, the plaintiffs
are seeking a declaration that the first defendant (Emefiele) in
employing 91 persons as members of staff of the CBN “amounted to gross
act of misconduct, abuse of office and breach of due process and
therefore illegal, void and of no effect.”
They are urging the court to “set aside
and/or nullify the employment, offer of employment or hiring of the 91
persons by the first defendant (Emefiele) for being illegal and lacking
in due process.”
The summons was taken by Ezenwa Ibegbunam of Ezenwa Ibegbunam and Co, Abuja.
source: the punch
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