Electoral Act: Court strikes out Emefiele’s suit

The Federal High Court sitting in Abuja Monday struck out the suit filed by the Governor of Central Bank of Nigeria (CBN) Mr Godwin Emefiele.

In the suit, the CBN governor was seeking an interpretation of Section 84(12) of the Electoral Act 2022 .

Justice Ahmed Mohammed struck out the suit at the resumed sitting after Emefiele’s counsel Chief Mike Ozekhome (SAN) withdrew the suit.

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 however offered further explanation as to why Emefiele decided to withdraw the matter.

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

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.

He 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 realizing 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.