Sanusi's Removal Is ILLEGAL, Vindictive, Mischevious - Lawyers

Jiti Ogunye, constitutional lawyer and scholar
Mr. Jiti Ogunye, a constitutional lawyer and scholar, voiced the opinion of lawyers by calling the move by the President to remove Lamido Sanusi"illegal, unconstitutional, vindictive, mischievous, oppressive, ill-timed and indefensible."
According to the lawyers, it is an unacceptable resort to self-help made not in the public interest.
Central Bank Governor, Sanusi Lamido Sanusi, has been suspended from office since Thursday, February 20, following the order by President Goodluck Jonathan. Since then, many politics and lawyers have reacted to the development. Some of them have condemned the action, some endorsed it.
Mr. Ogunye advises to look into theCBN Act No. 7 of 2007 (Fed. Rep of Nig Official Gazette No.55 Vol. 94 of 1stJune 2007)to see what are the conditions for the appointment of the CBN Governor and his removal from office, particularly:
Section 8 (1) of the CBN Act:"The Governor and the Deputy Governors shall be persons of recognized financial experience and shall be appointed by the President, subject to confirmation by the Senate on such terms and conditions as may be set out in their respective letters of appointments."
Section 11 of the CBN Act:"1. 1. A person shall not remain a governor, deputy governor or director of the bank, if he is-[a] a member of any federal or state legislative house; or [b] a director, officer or employee of any bank licensed under the Banks and Other Financial Institutions Act;
1. 2. the Governor, the Deputy Governor or Director shall cease to hold office in the Bank if he
[a] becomes of unsound mind or, owing to ill health, he is incapable of carrying out his duties;
[b] he is convicted of any criminal offence by a court of competent jurisdiction, except for traffic offences or contempt proceedings arising in connection with the execution or intended execution of any power or duty conferred under this Act or the Banks and Other Financial Institutions Act;
[c] he is guilty of a serious misconduct in relation to his duties under this Act;
[d] he is disqualified or suspended from practicing his profession in Nigeria by order of a competent authority made in respect of him personally;
[e] becomes bankrupt; or
[f] is removed by the President provided that the removal of the Governor shall be supported by two-thirds majority of the Senate praying that he be so removed;
"1. 4. if the Governor, any Deputy Governor or director of the Bank dies, resigns, or otherwise vacates his office before the expiry of the term of which he has been appointed, there shall be appointed a fit and proper person to take his office on the Board for the unexpired period of the term of appointment."
Announcing the suspension, Dr. Reuben Abati, Special Adviser to the President, Media and Publicity, explained that Mr. Sanusi's suspension was based on reports of the Financial Reporting Council of Nigeria and other investigating bodies. The reports indicate"clearly"that Mallam Sanusi Lamido Sanusi's tenure has been characterized by various acts of financial recklessness and misconduct.
Has the CBN Governor been found guilty of serious misconduct in relation to his duties under the CBN Act?The answer is no, says Mr. Ogunye.
Who can try and adjudge the CBN guilty of serious misconduct?It is the disciplinary committee of Board of the CBN that can, in the first instance, find the CBN Governor guilty of minor or serious misconduct and try him.
What the President has done by this suspension on the alleged ground of misconduct, Mr. Ogunye concludes, is tousurp the powers and functionsof the CBN Board.
Does the CBN Act provide for suspension of the CBN Governor from office while he is allegedly being investigated for acts of serious or gross misconduct?The answer, again, is no, according to Mr. Ogunye.
The ground on which the President may remove him is not provided in the CBN Act. The CBN Governor cannot be removed by the President unless the Senate agrees to this.
Can the President exercise power of suspension or discipline over the CBN Governor outside the CBN Act, can he resort to the disciplinary procedure under the Public Service Rules to suspend the CBN Governor?Mr. Ogunye says no, for two reasons.
The first reason is that, although the CBN Governor is a public officer in the Public Service of the Federation, the Public Service Rules do not govern his appointment.
Secondly, even if the rule of suspension from office pending investigation is the rule that has been invoked by the President, the President cannot invoke it: only the Federal Civil Service Commission can invoke these disciplinary powers.
Mr. Ogunye further says that it is worrysome that the Presidenthas violated the rule of law.
It is also worth noting that the CBN Governor is the figure in the middle of themissing $20 billion oil money scandal, out of which the sum of $10.8 billion is agreed by all sides as the amount that NNPC expended without appropriation. The Senate and the House of Representatives are investigating this matter. And Sanusi is the only people's witness available, Mr. Ogunye stresses.
Following the alleged leak of the controversial CBN Governor's Letter to the President, the President reportedly asked the CBN Governor to resign his office. The CBN Governor reportedly refused. Since he would not go willingly, he has to be shoved out by force, Mr. Ogunye states.
The tactic is obvious to the lawyers:illegally suspend a public officer from office, when a two-thirds majority vote approving a removal is not available in the Senate, and loot or gut the remainder of the tenure of office of the public officer who has a security of tenure.
As a matter of fact, Mr. Ogunye maintains, if Sanusi should go to Court to challenge this suspension, a cynical Attorney-General will pontificate and declare that the matter has now become subjudice, and that the Federal Government can no longer take any decision on the matter until the matter is resolved by the law Court.
Also, the CBN Governor was deniedthe right to fair hearingas guaranteed by Section 36 (1) of the Constitution. Section 36 (1) provides that,"In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality."
Before now it has been widely argued and accepted that the CBN enjoys "statutory autonomy" and "independence," and that this was deliberately made to be so in the CBN Act No. 7 of 2007, by the legislature, to ensure the CBN's effectiveness in the discharge of its mandate.
The CBN Act has ample provisions to make the CBN Governor accountable and if he abuses his office or powers or is adjudged guilty of misconduct, the due process of law must be followed in sanctioning him.
"We will not support a corrupt CBN Governor who disregards the due process of law in discharging the duties of his office,"Mr. Ogunye says, adding, however, that the lawyers also acknowledge the fact ofthe President himself breaching the due process of law.