2023: Court refuses Emefiele’s request on running for president without quitting as CBN governor

Technocrat Media, Abuja

A federal high court in Abuja has refused the request of Godwin Emefiele, Central Bank of Nigeria (CBN) governor asking to restrain the Independent National Electoral Commission (INEC) and Abubakar Malami, attorney-general of the federation (AGF), from stopping him from running for presidency in 2023.

Mr Emefiele had approached the court asking it to declare him eligible to participate in the 2023 presidential election.

The governor of the apex bank filed a suit marked FHC/ABJ/CS/610/2022 on May 5, and prayed the court to declare that he is eligible to participate in any political party’s presidential primary poll and only resign 30 days to the election.

Mr Emefiele filed the suit two days before he said he had not made up his mind to run for the office of the president.

According to media reports, three support groups had bought him the All Progressives Congress (APC) presidential nomination form worth N100 million last week.

The seven reliefs being sought by the CBN governor in the suit has the Independent National Electoral Commission (INEC) and Abubakar Malami, attorney-general of the federation (AGF), as respondents.

“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,” the court filing read.

“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).”

One of the questions he posed before the court reads: “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.”

[TheCable]