JUST IN: CBN Governor, Godwin Emefiele Drags INEC, AGF, To Court, See Why

Onyxnewsng reports that the Central Bank of Nigeria, governor, Mr Godwin Emefiele has filed a lawsuit against the Independent National Electoral Commission, INEC, and Attorney General of the federation before a Federal High Court in Abuja, seeking enforcement of his right to contest the 2023 Presidential election without resigning from his current position.

The suit with No FHC/ABJ/CS/610/2022 instituted on his behalf by a Constitutional lawyer, Chief Mike Ozekhome, SAN, has been fixed for hearing.
In the Court Document seen by Onyxnewsng, Emefiele is asking the Court for the following RELIEFS:
(i) A DECLARATION that the provisions of section 84(1.2) of the Electoral Act, 2022 (as amended), which are inconsistent with the provisions of section 137(1)(9) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered) which and have been declared so by a court of competent Jurisdiction cannot be relied upon by the Defendants to disqualify the plaintiff from contesting an election to the office of the President of the Federal Republic of Nigeria or horn contesting or participating in the parties’ primaries, or other convention or congress for election to the office of President of the Federal Republic of Nigeria, scheduled for 25. February, 2023.

(II) A DECLARATION that by the provisions of section 84(3) of the Electoral Act, 2022, a political party cannot by its constitution, guidelines or rules impose any criteria, measures or conditions nomination qualification or disqualification criteria, any aspirant or candidate including the plaintiff herein in its primaries during its convention or congress for nomination of Its candidates for election besides these criteria as prescribed under sections 65,66, 106, 107, 131, 137, 177 and 187 of the Constitution of Om Federal Republic of Nigeria, 1999 (as amended).

(III) A DECLARATION that by the combined provisions of section 84(3) of the Electoral Act, 2022, and section 137(g) of the Constitution of the Federal Republic of Nigeria, 1999, (as amended) which require a public officer to resign, withdraw or retire from his employment at least 30 days before the presidential election„the Plaintiff cannot be mandated and/or compelled to resign his position as the Governor of Central Bank of Nigeria earlier than thirty (30) days to the presidential election or the primaries at congresses and conventions of the political parties which presidential election 6 scheduled to take place on 25th February, 2023; while the primaries are fixed for the 30th May and 1st June, 2022.

(IV) 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 pubic officer seeking election into a paid.’ 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 plaintiff’s Whim; party or any political party.
(v) 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 a 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).

(vi) AN ORDER that the Plaintiff cannot be hindered, stopped or precluded from participating, voting or being voted for at the congress or prevention 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).

(vii) AN ORDER OF PERPETUAL INJUNCTION restraining the Defendants whether by themselves, their agents, servants or privies or any legal representative from hindering, stopping or precluding the Plaintiff 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.
Justice Ahmed Ramat Mohammed slated the case for hearing today along with two other matters.

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