A Federal High Court sitting in Abuja has turned down the request of the Governor of Central Bank of Nigeria, CBN, Mr. Godwin Emefiele to bar the Independent National Electoral Commission INEC and the Attorney General of the Federation AGF from asking him to vacate office until 30 days to the 2023 Presidential election.
In an exparte application, Mr. Emefiele had through his counsel, Chief Mike Ozekhome expressed apprehension that sale and submission of Presidential nomination form would expire on Wednesday, this week, and that unless the INEC and AGF are ordered to maintain status quo ante bellum as at when he filed the suit, he would be made to vacate office before his form would be accepted by the appropriate authority.
Mr. Emefiele also denied being a political appointee but a Public servant not caught by section 84 (12) of the new Electoral Act 2022.
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In a brief ruling, Justice Ahmed Mohammed turned down the request for the order.
Justice Mohammed however ordered him to put the defendants on notice and also serve court processes on the defendants to appear before it and show cause on why the request should not be granted.
Speaking with journalists, Chief Ozekhome said the court would be urgently needed to interprete the sections of Constitution of the Federal Republic of Nigeria, as amended, concerning the matter.
The matter has been adjourned until Thursday, this week.
Emefiele in a suit No FHC/ABJ/CS/610/2022 is asking the Court fora DECLARATION that the provisions of section 84(1.2) of the Electoral Act, 2022 (as amended), which are inconsistent with the provisions of section 137(1)(9) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered) which and have been declared so by a court of competent Jurisdiction cannot be relied upon by the Defendants to disqualify the plaintiff from contesting an election to the office of the President of the Federal Republic of Nigeria or horn contesting or participating in the parties’ primaries, or other convention or congress for election to the office of President of the Federal Republic of Nigeria, scheduled for 25. February, 2023.
