2023 Presidency: Court Rejects Emefiele’s Request To Restrain INEC, AGF.

Abuja Federal High Court has denied the Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele’s request to restrain the Independent National Electoral Commission (INEC), and the Attorney General of the Federation (AGF) Abubakar Malami from preventing him from his Presidential Ambition.

Emefiele had moved for a status quo AnteBellum injunction against INEC and the AGF through his lawyer, Mike Ozekhome SAN so that he would not be forced to quit until 30 days before the general election.

The CBN Governor denied being a political appointee but a public servant not covered by Section 84 (12) of the new Electoral Act 2022 in an ex-parte application filed on Monday.

He sought the order pending the hearing and determination of the substantive matter.

He also prayed Justice Ahmed Mohammed to stop INEC from taking any action against him in the bid to contest in the presidential primary by virtue of his office.

The CBN governor requested that the court use Section 318 of the 1999 Constitution to prevent the defendants from requesting him to resign until 30 days before the presidential election in February 2023.

He made the prayers in an ex-parte motion dated and filed on Monday, May 9 by Ozekhome, seeking an order of maintenance of status quo ante Bellum pending the hearing and determination of the substantive suit. While INEC is the 1st defendant, the AGF is the 2nd defendant in the suit.

Moving the motion, Ozekhome said though his client had not told him under which political party he would love to contest, the application became necessary in order for the court to determine the constitutionality of his (Emefiele’s) decision.

“The plaintiff is a current governor of CBN. He desires to run for the office of president of Nigeria in the election coming up in 2023.

“But he is in a dilemma whether he can run. Can he run? If he can run, when must he leave office as CBN governor?

“We want the interpretation of the law as it is today,” he said.

He argued that Emefiele, by virtue of Section 318 of the 1999 Constitution, is a public servant.

He said that only political appointees are caught with Section 84(12) of the Electoral Act, 2022, which he said had been struck down by a Federal High Court sitting in Umuahia in Abia.

According to him, the matter is currently on appeal and the Court of Appeal has not come up with a decision. “Even if the Court of Appeal upturn that judgment, is the plaintiff a political appointee? Our answer is no,” he said.

But in his ruling, Justice Mohammed did not grant the motion, rather, he adjourned the matter until May 12 for ruling.

The judge made an order directing the INEC and AGF to appear on Thursday by noon why Emefiele’s prayers should not be granted.

He ordered that all the applications, including the ex-parte, filed in the course of the matter be served on all the defendants.

He also directed that hearing notices be issued to the defendants to appear on the said date to show cause why the prayers should not be granted.

Good