A Federal High Court 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 contesting in the 2023 Presidential Election.
The CBN Governor 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.
The CBN Governor through his Counsel, Mike Ozekhome, told the court that Section 84 ((12) of the Electoral Act as amended, 2022 does not affect him, being a public servant and not a political appointee.
The court in its ruling, however, refused the request and the Judge ordered him (CBN Governor) to put the defendants- INEC and AGF- on notice and also serve court processes on them.
The Judge also ordered the defendants to appear before him on May 12 to show cause why the CBN Governor’s request should not be granted.
Emefiele had asked the court to declare him qualified to contest for the presidential post.
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 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”.