A Federal High Court in Abuja has delivered judgment on the request by the Governor of the Central Bank of Nigeria, Godwin Emefiele, seeking clarification on the constitutional implications of him declaring intention to contest for presidency.
The New Diplomat had earlier reported that Emefiele, through a constitutional lawyer and human rights activist, Dr Mike Ozekhome (SAN), approached the Abuja Court to seek interpretation of the constitution and public service rules on public servants seeking elective positions while in office.
The CBN Governor became a subject of public discourse since a coalition comprising Rice Farmers Association, Emefiele Support Group, and Friends of Godwin, approached the ruling All Progressives Congress (APC) and obtained the N100m nomination and expression of interest forms for him.
Appearing before the court on Monday, Ozekhome argued that Section 84 (12) of the Electoral Act as amended, 2022 does not affect Emefiele, being a public servant and not a political appointee. He also sought from the court, a lacuna in the Act that would allow the CBN Governor run for Nigeria’s President in 2023.
Ozekhome told the court in Abuja that his client can run for the post of the President without vacating his position as the CBN governor.
The CBN governor had headed to the court in Abuja to seek a constitutional interpretation on his non-resignation while pursuing his political interests.
“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.
“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,” Ozekhome submitted.
However, delivering judgement, the court in its ruling, refused to grant Emefiele’s request, ordering 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.
