2023: Court strikes out CBN Gov’s suit

By Andrew Orolua

The Federal High Court in Abuja has struck out the suit filed by the Governor of Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, who was seeking an interpretation of Section 84(12) of the Electoral Act 2022.

Justice Ahmed Mohammed struck out the suit on Monday after Emefiele’s counsel, Chief Mike Ozekhome (SAN), withdrew the suit, DailyTimes gathered.

Ozekhome (SAN) told the Court when the matter was called for continuation of hearing that his client instructed him to withdraw the suit.

Ozekhome (SAN) did not offer further explanation as to why Emefiele decided to withdraw the matter.

The CBN governor had in his personal capacity after some groups purchased All Progressives Congress (APC) 2023 presidential nomination form for him, filed the suit.

He had in an originating summon asked the court to interpret Section 84(12) of the Electoral Act 2022 and whether it affects his ambition as Governor of the Central Bank of Nigeria who desired to contest the election.

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Section 84 (12) of the Electoral Act 2022 provides that political appointees shall resign and vacate their offices 30 days before the primary if they were to vote and be voted for during parties primary for the election of candidates.

Emefiele claimed that he is a public servant whose right to participate in the 2023 presidential election is covered by Section 318 of the Constitution of the Federal Republic of Nigeria (as amended) which provides that he vacates office 30 days to the February 2023 Presidential election.

He had expressed fear that any political party he chooses to affiliate with in realising his political ambition may disqualify him based on the provisions of Section 84 (12) of the Electoral Act, 2022, which had barred political appointees from participating in the congresses and conventions of political parties unless they resigned 30 days to such conventions and congresses.

Though Emefiele had joined the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) as defendants to his suit, the Court last week joined the People Democratic Party (PDP) and a civil society group Safe Our FatherLand as co- defendants.