Court declines Emefiele’s request to restrain INEC, AGF to run for president as CBN governor

 

.So long as he earns salary as employee, can’t contest poll– Adegboruwa

 

A federal high court in Abuja on Monday refused the request of Central Bank of Nigeria (CBN), Godwin Emefiele to restrain the Independent National Electoral Commission (INEC), and the Attorney General of the Federation (AGF) Abubakar Malami from preventing him to run for president.

The CBN Governor had told the Court he can run for the post of the President of the Federal Republic of Nigeria without vacating his position as the CBN Governor.

Emefiele, through 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, refused the request and the Judge ordered him (CBN Governor) to put the defendants- INEC and AGF- on notice and also serve court processes on them.

 

The Judge also ordered the defendants to appear before him on May 12 to show cause why the CBN Governor’s request should not be granted.

 

Emefiele had asked the court to declare him qualified to contest for the presidential post.

 

The prayer was part of the seven reliefs the CBN boss sought in the suit.

 

The reliefs 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,” 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).

 

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“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).”

 

He also requested the court to determine: “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 CBN governor had come under fire from several Nigerians including Governor Rotimi Akeredolu of Ondo State, following the purchase of the All Progressive Congress (APC) nominations forms for him by support groups last Friday.

Akeredolu specifically asked him to resign if he is interested in contesting the country’s top job.

 

But in a series of tweets on Saturday, Emefiele said he has not made a decision on running for the presidency.

 

While thanking those who raised money for the purchase of the forms for him, he stated he would buy the form with his money if he is seeking the post.

 

“I am humbled by the growing interest of those asking that I run for the Office of President in the 2023 general elections: I have not come to that decision. I note and salute the sacrifices of those farmers and patriots going as far as raising personal funds and offering me Presidential Nomination Forms: I thank them most profusely,” he wrote.

 

“However, should I answer their calls and decide to seek presidential nomination, I will use my own hard-earned savings from over 35 years of banking leadership to buy my own Nomination Forms without proxies in an open and transparent manner in full compliance with the laws and Constitution of The Federal Republic of Nigeria.

 

“And should I not run for elected office, I will continue to serve and sacrifice for the good people of Nigeria under the able leadership of President Muhammadu Buhari. This is a serious decision that requires God’s divine intervention: in the next few days The Almighty will so direct.”

 

Meanwhile ,By the decision of the Supreme Court in Akinlade v INEC, there is no competent suit filed by Mr. Emefiele pending before the court for adjudication.

 

The affidavit in Support of the Originating Summons and indeed the Affidavit of urgency, were both deposed to by counsel on his behalf, in flagrant violation of Rule 20 of RPC.

 

An Originating Summons cannot be determined in the Federal High Court without a competent affidavit in support thereof.

 

 

 

By his status, Emefiele is an employee of the CBN. Any case to determine his status or eligibility should be filed at the National Industrial Court. So long as Emefiele earns salary as CBN employee, he should not dream of contesting election while still holding on to his office. It is an insult to our collective psyche as a people.

 

I urge the Nigerian Bar Association, Election Situation Room, SERAP and other civil society organisations to apply to court to join EMEFIELE’S case and put an end to this joke.