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 his Presidential Ambition.
On Monday, the CBN Governor informed an Abuja court that he can run for President of the Federal Republic of Nigeria without resigning from his job as CBN Governor.
The CBN Governor informed the court that because he is a civil servant and not a political appointee, Section 84(12) of the Electoral Act as amended, 2022 does not apply to him.
The court, however, denied the request, and the Judge ordered him to issue notice to the defendants, INEC and AGF, as well as serve court papers on them.
The defendants were also told to appear before the judge on May 12 to show cause why the CBN Governor’s motion should be denied.
Emefiele had requested that the court declare him qualified to run for president.
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”.