The Abuja division of the Federal High Court has rejected an ex-parte application filed by Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, to restrain the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) from disqualifying him from contesting the 2023 presidential election.
Emefiele had prayed the court, through his counsel, Mike Ozekhome, for an order of status quo ante bellum to be made against INEC and AGF so that he would not be made to resign from office until 30 days to the general election.
He sought the order pending the hearing and determination of the substantive matter.
The CBN governor also prayed Ahmed Mohammed to stop INEC from taking any action against him in the bid to contest in the presidential primary by virtue of his office.
He made the prayers in an ex-parte motion dated and filed on May 9 by Ozekhome, seeking an order of maintenance of status quo ante bellum pending the hearing and determination of the substantive suit. While INEC is the 1st defendant, the AGF is the 2nd defendant in the suit.
Moving the motion, Ozekhome said though his client had not told him under which political party he would love to contest, the application became necessary in order for the court to determine the constitutionality of his (Emefiele’s) decision.
“The plaintiff is a current governor of CBN. He desires to run for the office of president of Nigeria in the election coming up in 2023.
“But he is in a dilemma whether he can run. Can he run? If he can run, when must he leave office as CBN governor?
“We want the interpretation of the law as it is today,” he said.
He argued that Emefiele, by virtue of Section 318 of the 1999 Constitution, is a public servant.
He said only political appointees are caught with Section 84(12) of the Electoral Act, 2022, which he said had been struck down by a Federal High Court sitting in Umuahia in Abia.
According to him, the matter is currently on appeal and the Court of Appeal has not come up with a decision.
“Even if the Court of Appeal upturn that judgment, is the plaintiff a political appointee? Our answer is no,” he said.
He argued further that Emefiele is only bound by Section 137 which says that a public officer shall resign from office not later than 30 days before election.
“This is the constitution and we seek constitutional interpretation of this matter,” he said.
But in his ruling, Mohammed did not grant the motion.
Rather, he adjourned the matter until May 12 for ruling.
