2023: Court rejects Emefiele’s motion for restraining order against INEC, AGF

The Federal High Court sitting in Abuja, on Monday, rejected an ex-parte application the Governor of the Central Bank of Nigeria CBN, Godwin Emefiele filed to restrain the Independent National Electoral Commission, INEC, and the Attorney General of the Federation, AGF, from disqualifying him from contesting the 2023 presidential election.

Emefiele had through his lawyer, Chief Mike Ozekhome, SAN, prayed the court for an order of status quo ante bellum to be made against INEC and AGF so that he would not be made to resign from office until 30 days to the general election.

He contented that not being a political appointee but a public servant, he could not be compelled to resign in line with section 84 (12) of the Electoral Act, 2022.

He prayed the court to invoke section 318 of the 1999 Constitution, as amended, and bar the defendents from asking him to vacate office until 30 days to the Presidential election.

However, in a ruling, Justice Ahmed Mohammed, declined to accede to the prayers, even as he directed the plaintiff to go and put the defendants (INEC and AGF) on notice and also serve them with all the relevant court processes in the matter.

Justice Mohammed ordered the defendants to appear before him on May 12 and show cause why the request should not be granted.