2023 Presidential Poll: Court Summons INEC, AGF over CBN Gov, Emefiele’s Participation

* Adjourns to May 12

Alex Enumah in Abuja

Justice Ahmed Mohammed of the Federal High Court Abuja, on Monday, ordered the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) to appear before it on Thursday, over the participation of the Governor of the Central Bank of Nigeria (CBN), Mr Godwin Emefiele, in the 2023 presidential election.
Justice Mohammed, in addition, ordered the CBN Governor to serve all court processes in relation to the suit he filed against INEC and the AGF who are first and second defendants respectively.
Emefiele had, amongst others, approached the Federal High Court for an order restraining the defendants from preventing or hindering his participating in the process of the presidential election slated for February next year.
Specifically, he argued that by virtue of being a public servant, he cannot be barred from participating in the political primaries of political parties by Section 84 (12) of the Electoral Act, 2022.
He submitted that constitutional provisions stipulated that he can only resign his appointment as Governor of CBN 30 days to the presidential election which he is interested in contesting.
Amongst the court processes he filed before the court was an application for maintenance of status, which he predicated on the fact that he would be prejudiced against or hurt if the court does not restrain the defendants from taking any step that would jeopardize his desire to contest the presidential election.
Arguing the motion for maintenance of status quo, Emefiele’s lawyer, Chief Mike Ozekhome (SAN), told the court that Emefiele “is in a delimma” as to whether he can run in the forthcoming presidential election.
According to Ozekhome, time is of utmost importance, following the fact that the timeline for collection of nomination and expression of interest forms ends on Wednesday May 11.
Ozekhome, in addition, told the court that the timeline for the primaries and congresses of political parties have been fixed for May 30 to June 1, and unless the court intervened, there would be a carriage of great injustice against his client.
“He needs the protection of the court. The court needs to ensure that nobody does anything that will hurt him,” the senior lawyer submitted, adding that if the court refused to grant the order for maintenance of status quo restraining the defendants from hindering Emefiele from participating in the primary election under a political party of his choice within this period, the case would amount to a mere academic exercise by the time the parties return to the court.
In a short ruling, Justice Mohammed made an order “directing the defendants to appear before him on Thursday why the order of status quo ante bellum should not be made by the court”.
Justice Mohammed also directed the applicant to serve all court processes including the motion exparte and hearing notice for Thursday May 12 on the defendants.
Details later…