Nigeria’s Independent National Electoral Commission, INEC, and Attorney General were yesterday ordered by a Federal High Court in Abuja, to appear before it on Thursday, over the participation of the Governor of the Central Bank of Nigeria (CBN), Mr.Godwin Emefiele, in the 2023 presidential election.
Justice Mohammed in addition ordered the CBN Governor to serve all court processes in relation to the suit he filed against INEC and the AGF who are 1st and 2nd defendants respectively.
Emefiele had amongst others, approached the Federal High Court for an order restraining the defendants from preventing or hindering his participating in the process of the presidential election slated for February next year.
Specifically, Emefiele argued that by virtue of being a public servant he cannot be barred from participating in the primaries of political parties by Section 84 (12) of the Electoral Act, 2022.
He submitted that constitutional provisions stipulated that he can only resign his appointment as Governor of CBN 30 days to the presidential election which he is interested in contesting.
Amongst the court processes he filed before the court was an application for maintenance of status, which he predicated on the fact that he would be prejudiced against or hurt if the court does not restrain the defendants from taking any step that would jeopardise his desire to contest the presidential election.
Arguing the motion for maintenance of status quo, Emefiele’s lawyer, Chief Mike Ozekhome, SAN, told the court that Emefiele “is in a dilemma” as to whether he can run in the forthcoming presidential election.
According to Ozekhome, time is of utmost importance, following the fact that timeline for collection of nomination and expression of interest forms ends on Wednesday May 11.
Ozekhome in addition told the court that the timeline for the primaries and congresses of political parties have been fixed for May 30 to June 1, and unless the court intervened there could be a carriage of great injustice against his client.
In a short ruling, Justice Mohammed made an order “directing the defendants to appear before him on Thursday why the order of status quo ante bellum should not be made by the court.”
In the main suit marked. FHC/ ABJ/ CS/610/2022, the plaintiff sought the interpretation of certain parts of the constitution that has to do with his aspiration of contesting the 2023 presidential election.
Among the issues raised for determination are that whether any political party can validly rely on Section 84 (12) of the Electoral Act, 2022 to disqualify the plaintiff from participating in the congresses of any political party of his choice, “where the plaintiff is protected by the provisions of Section 137(1)(G), 318 of the Constitution and Section 84 (12) of the Electoral Act.
“Whether by Section 137 of the Constitution plaintiff can be compelled to resign earlier than 30 days his position of Governor of CBN to participate in the primary of any political party of his choice for the purpose of the 2023 February 25 presidential election.”
