A request by the Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, seeking to restrain the Independent National Electoral Commission (INEC) and the Attorney General of the Federation, Abubakar Malami, from preventing him from running in the 2023 presidential race while holding his job as CBN boss, has been thrown out by a Federal High Court in Abuja.
Emefiele through his counsel, Mike Ozekhome (SAN) told the court on Monday, May 9, 2022, that it was within his rights to run for office while running the country’s apex bank, as Section 84 ((12) of the Electoral Act 2022 does not affect him, being a public servant and not a political appointee.
Responding to Emefiele’s suit, the court in its judgement summoned INEC and AGF to appear before it on May 12, to show cause why status quo antebellum, should not be granted to Emefiele.
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.
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“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).
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“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).“
