A Federal High Court sitting in the Federal Capital Territory, Abuja has rejected the plea by the Governor of Central Bank (CBN) to retain his position while contesting for the All Progressives Congress (APC) presidential ticket and ultimately, the 2023 election.
He also asked for a restraining order on the Federal Government from removing him from heading the apex bank pending the hearing and determination of the substantive matter
Speaking through his counsel, Mike Ozekhome, SAN, Emefiele also prayed Ahmed Mohammed to stop the Independent National Electoral Commission, INEC, from taking any action against him in the bid to contest in the presidential primary by virtue of his office.
The CBN governor made the prayers in an ex-parte motion dated and filed on May 9 by Mr Ozekhome, seeking an order of maintenance of status quo ante bellum pending the hearing and determination of the substantive suit.
According to the News Agency of Nigeria (NAN) while INEC is the 1st defendant, the Attorney-General of the Federation, AGF, is the 2nd defendant in the suit.
Mr Ozekhome noted that even if his client has not told him under which political party he would love to contest, the application became necessary to enable the court determine the constitutionality of 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 upturns that judgment, is the plaintiff a political appointee? Our answer is no,” he said.
He argued further that Mr Emefiele is only bound by Section 137 which says that a public officer shall resign from office not later than 30 days before election.
The judge then adjourned the matter until May 12 for ruling.
He also issued an order directing the INEC and AGF to appear on Thursday by noon on 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.
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