Emefiele’s Presidential Bid: Court Refuses To Restrain INEC, AGF, To Appear May 12

By Ayodele Oni

An attempt by the embattled Governor of the Central Bank of Nigeria, (CBN) Godwin Emefiele, to get judicial interpretation of his status as a public servant or a political appointee, suffered a setback at the Federal High Court  in Abuja on Monday.

Emefiele was reported last week to have joined the presidential race when he was said to have picked the nomination form of the All Progressive Congress, (APC).

He later denied the move saying that he was still consulting, and the form was purchased for him by grateful farmers. He said he has rejected the forms, and would purchase same with his own money when he hears from God.

On Monday, the CBN Governor, through his Counsel, Mike Ozekhome approached the Federal High Court in Abuja to seek the interpretation as a public servant or a political appointee.

But, the court refused Emefiele’s request to restrain the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) Abubakar Malami, who are parties in the suit from any move to  prevent him from his Presidential bid.

He had told the Court in Abuja that he can run for the post of the President of the Federal Republic of Nigeria without resigning his position as the CBN Governor.

His Counsel, Mike Ozekhome, told the court that Section 84 (12) of the Electoral Act as amended, 2022 does not affect him, being a public servant and not a political appointee.

The court in its ruling, however, summoned INEC, and AGF to appear before it on May 12, to show cause on why status quo antebellum, should not be granted to the CBN Governor.

Following widespread criticisms that greeted his purported obtaining nomination form to join presidential train on the ticket of the All Progressive Congress, (APC),  Emefiele had sought the court’s interpretation of section 84 (12) of the electoral act.

He also asked the court to declare him qualified to contest for the presidential post as part of the seven reliefs he sought in the suit.

Others are 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,” read the court filing.

“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.