A Federal High Court sitting in Abuja on Monday rejected a request by the Central Bank Governor, Godwin Emefiele, seeking an expedited decision on whether or not he can run for president without resigning his current position.
Emefiele’s request is in a suit marked FHC/ABJ/CS/610/2022 and filed on May 5.
The suit was filed two days before the CBN governor said he had not made up his mind to run for office of the president.
Mr Emefiele approached the court on Monday through his counsel Mike Ozekhome, arguing that he will suffer “irreparable damage” unless immediately granted a leave to engage in partisan politics while in office as the head of the country’s financial sector regulator.
Mr Emefiele said a section of the CBN that prohibits external activities for its governor does not apply to him as a public servant, asking the court to immediately issue a ruling affirming his position in order to allow him run for office.
In the said suit, Emefiele sought seven reliefs which include:
“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 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.”
The matter was adjourned till May 12 for the electoral office INEC and Attorney-General Abubakar Malami to file their respective responses to Mr Emefiele.
