The Federal High Court sitting in Lagos has ruled in favour of suspended Central Bank of Nigeria Governor, Mallam Lamido Sanusi. The court has held that the security agencies may not arrest him, and that his passport be released immediately.
The court has also awarded Sanusi N50 million in exemplary damages saying his detention by the State Security Service as well as the confiscation of his passport upon his arrival to the Lagos airport in February 20 were both illegal.
Justice Ibrahim Buba also ruled that the respondents must issue a public apology to Sanusi over his “unlawful arrest, harassment, intimidation, withdrawal and seizure of his passport”.
The first respondent laboured to submit that the applicant is not entitled to a grant of perpetual injunction, but this court is of the opinion that for every infraction, the applicant is entitled to a relief.
“This court believes that the action of the respondents in this suit, deserves condemnation and exemplary damages.
“This court has no doubt that the applicant has made out his case against the respondents, and so, resolves all the issues in favour of the applicant; for the avoidance of doubt, the court makes the following declaratory order:
“A declaration that the first respondent acting through the officers of the third respondent or its privies, does not have any power to forcefully withdraw and keep the passport of the applicant for any reason whatsoever.
“A declaration that the respondent do not have any power to forcefully withdraw and seize the passport of the applicant, without compliance with section 5 (1) of the Passport Miscellaneous Provisions Act 2004.
“A declaration that the forceful seizure and detention of applicant’s passport, is an unlawful violation of his right to freedom of movement, enshrined in section 35 of the 1999 Constitution and article 12 of the Charter on Human and Peoples Right Act.
“A declaration that the conduct of respondent acting through the officers of the SSS, in forcefully arresting the applicant without due allegation or suspicion of a crime, is an unlawful violation of his right to personal liberty.
“An order of this court is hereby made restraining the respondent, their agents, privies or any other law enforcement agency of the respondents, from further interfering, harassing or infringing on the personal liberty of the applicant.
“An order for immediate release to the applicant of his international passport forcefully withdrawn and seized on Feb. 20, is hereby made.
“Having granted a restraining order, the order of perpetual injunction cannot be granted because for every infringement, the applicant has a right to come to court.
“An exemplary damages against the respondents jointly and severally is also awarded, in the sum of N50 million only.
“An order is also made, directing the respondent to make a public apology to the applicant for unlawful arrest, detention and harassment,” Buba held.