Abuja Federal High Court on Monday failed to grant requests by embattled Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, for an order to prevent attempts to stop him from the 2023 Presidency.
Emefiele had through his counsel, Mike Ozekhome applied for an order of status quo ante bellum against INEC and AGF so that he would not be made to resign from office until 30 days to the general election.
In an ex-parte application argued on Monday, Emefiele denied being a political appointee but a Public servant not caught by section 84 (12) of the new Electoral Act 2022.
Emefiele had asked the court to invoke section 318 of the 1999 Constitution to bar the defendants from asking him to vacate office until 30 days before the February 2023 Presidential election.
Emefiele expressed apprehension that the sale and submission of the Presidential nomination form would expire on Wednesday and that unless the INEC and AGF are ordered to maintain status antebellum as of May 5 when he filed the suit, he would be made to vacate office before his form would be accepted by the appropriate authority.
Moving the motion exparte, Ozekhome noted that by Wednesday, May 11, the timeline for the collection of expression of interest form for the presidential poll will expire, thus the need for the order.
“The timeline for the primaries, congresses or conventions of political parties for the presidential election which the applicant is interested in, comes up on May 30 and June 1.
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“We are not asking for an injunction, but due to the urgency of the matter, the applicant needs the protection and canopy of justice to stop the matter from being rendered nugatory and a fait accompli foisted on the applicant if the court does not issue an order.
Ozekhome also added an affidavit of urgency in support of the motion exparte stating that the Plaintiff/Applicant is the current Governor of the CBN and “desires to contest election for the office of the President in 2023.
According to Ozekhome, “Emefiele is the current Governor of the CBN, he desires to run for the office of the Presidency, but he is in a dilemma, can he run, if he can run, when can he leave the office.
Here, we are not talking about morality, but the law as it is today.
He is a public servant in accordance with section 318 of the Constitution of the Federal Republic of Nigeria.
In his brief ruling, Ahmed Mohammed turned down the request for the order.
Instead, the Judge ordered him to put the defendants on notice and also serve court processes on the defendants.
Justice Mohammed ordered the defendants to appear before him on May 12.
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