CBN Governor, Godwin Emefiele
BREAKING : Court declines Emefiele request to stop INEC from disqualifying him for election
A Federal High Court sitting in Abuja has refused the Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele’s request to restrain the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) Abubakar Malami preventing him from his presidential ambition.
Emefiele’s lawyer Mike Ozekhome on Monday told the court in Abuja that he can run for the post of the President of the Federal Republic of Nigeria without vacating his position as the CBN Governor.
But ruling on the ex parte application, the judge, Ahmed Mohammed, ruled that he would rather order INEC and the AGF to appear to state their side of the case instead of granting the CBN governor’s request.
The judge said having read the affidavit in support of the motion, it was more appropriate to direct the defendants to appear in court on May 12, to show cause why Mr Emefiele’s request should not be granted.
The court also ordered that Mr Emefiele’s filings should be served on the defendants before the next hearing date.
Mr Ozekhome filed the ‘ex-parte’ application on May 9 (Monday) for an order of court for maintenance of status quo, fearing that Mr Emefiele might be disqualified from running in the presidential primaries.
The prayer was part of the seven reliefs the CBN boss sought in the suit.
The reliefs include: “A DECLARATION that the Plaintiff can only be governed by or subject to the provisions of section 137(1) (g) and 318 of the Constitution of the federal republic of Nigeria, 1999 (as altered), which require a public officer seeking election into a political office to resign, withdraw or retire from his appointment at least 30 days to the presidential election, rather than by the provisions of section 84(12) of the Electoral Act, 2022 or the guidelines, rules, criteria, measures or conditions made by the plaintiffs political party or any political party,” read the court filing.
“A DECLARATION that the Plaintiff can validly participate in the primary election of a political party and is entitled to vote and be voted for as candidate of any political party of his choice for the purpose of the nomination of candidates for the election to the office of President or any other office under the constitution of the Federal Republic of Nigeria (as amended).
“AN ORDER that the Plaintiff cannot be hindered, stopped or precluded from participating, voting or being voted for at the congress or convention of any political party of his choice for the purpose of the nomination of candidates for the election to the office of President or any other office under the constitution of the Federal Republic of Nigeria.
“AN ORDER OF PERPETUAL INJUNCTION restraining the defendants whether by themselves, their agents, servants or privies or any legal representative from hindering, stopping or precluding the Plaintiff from participating, voting or being voted for at the congress or convention of any political party of his choice for the purpose of the nomination of candidates for the election to the office of the president or any other office under the constitution of the federal republic of Nigeria (as amended).”
He also requested the court to determine: “Whether the provisions of section 84 (12) of the Electoral Act, 2022, which are consistent with the provisions of section 137(1)(G) of the constitution of the federal republic of Nigeria 1999 (as amended) which have been declared so by a competent court of jurisdiction can be relied upon by the defendants to disqualify the plaintiff from contesting election to the office of president of the Federal Republic of Nigeria or from contesting or participating in the parties’ primaries or convention or congress for the purpose of election to the office of president of the Federal Republic of Nigeria scheduled for 25th February 2023”.
