A Federal High Court sitting in Abuja has adjourned the case seeking to stop disqualification of the Central Bank of Nigeria (CBN), Godwin Emefiele from the 2023 presidential race over his status as a public officer to May 12.
The presiding Judge, Justice Ahmed Mohammed however, summoned the Independent National Electoral Commission (INEC) and the Attorney General of the Federation, Abubakar Malami, to appear before it on the adjourned date to show cause why status quo antebellum, should not be granted to the CBN Governor.
The apex governor through his counsel Mike Ozekhome (SAN), on Monday approached the court seeking constitutional interpretation over issue relating to the resignation of political appointees and public officers who want to vie for elective position.
Emefiele, in the originating summons obtained by the 21st CENTURY CHRONICLE, contended that by the provision of the Constitution, he is expected to resign a month before the February 25, 2023, presidential election.
Among the defendants in the Suit no /FHC/ABJ/CS/610/2022 include the Independent National Electoral Commission (INEC) and the Attorney General of the Federation and Minister of Justice.
What the CBN governor wants
In the suit, Emefiele is seeking for the following determinations amongst others:
“That the Plaintiff (Emefiele) 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 plaintiff’s political party or any political party.
“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).”
The CBN governor prayed the court to restrain INEC and Attorney General of the Federation “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 President or any other office under the constitution of the Federal Republic of Nigeria (as amended).
He also prayed the court to hold that he can only be governed by the provision of Section 137(1) and 318 of the Constitution of the Federal Republic of Nigeria, 1999, “which requires 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 plaintiff’s political party or any other political party.”
