The Federal Government and the suspended Governor of the Central Bank of Nigeria (CBN), Lamido Sanusi, have disagreed with the judgment of the Federal High Court in Abuja which declined to hear the suit filed by the latter challenging his suspension.
In order to set aside the judgment, they have filed separate notices of appeal before the Court of Appeal in Abuja, challenging the decision by Justice Kolawole to transfer the case to the National Industrial Court.
Sanusi had in the suit asked the court to restrain the AGF and the Inspector General of Police (IG) from arresting and prosecuting him.
But in his judgment delivered on May 20, Justice Gabriel Kolawole held that his court lacked the jurisdiction to hear the suit.
Justice Kolawole, relying on the provisions of Order 56 Rule 3 of the Federal High Court (Civil Procedure) Rules 2009 and Section 24(3) of the National Industrial Court (NIC) Act, 2006, has transferred the case to the NIC for determination.
Delighted by the judgement, government held that since Justice Kolawole agreed that he did not have the jurisdiction to hear the case, the proper order he should have made was to strike out or dismiss the suit.
They argued that the trial court, having agreed with them that it lacked the jurisdiction to hear the case on the grounds that it was a labour-related dispute, equally lacked the power to exercise the jurisdiction it lacked, in transferring the case.
Meanwhile, Sanusi, who raised about 20 grounds of appeal, argued that the court erred in declining jurisdiction and transferring his case to another court.
He restated his argument that his case was not a master-servant dispute and was therefore not a labour-related conflict.
Sanusi, among others, faulted the reasoning of the trial judge and argued that, as against the decision of Justice Kolawole, he was not an employee of the federal government, and as such, his case could not be labour dispute.
Meanwhile, the NIC has fixed today for hearing of the suit and hearing notices have been sent to the parties to this effect.