Nigeria: Court Summons AGF, INEC over Emefiele’s Application for a Restraining Order Ahead of 2023 Elections

A Federal High Court in Abuja on Monday adjourned till May 12, the decision to grant a restraining order requested by the governor of the Central Bank of Nigeria, Godwin Emefiele, against the Independent National Electoral Commission and the Attorney General of the Federation, Abubakar Malami, on his presidential bid.

Emefiele had through his counsel, Mike Ozekhome SAN applied 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.

In an ex-parte application argued on Monday, Emefiele denied being a political appointee but a public servant not caught by section 84 (12) of the new Electoral Act 2022.

The CBN governor asked the court to invoke section 318 of the 1999 Constitution to bar the defendents from asking him to vacate office until 30 days to the February 2023 presidential election.

Emefiele expressed apprehension that sale and submission of presidential nomination form would expire on Wednesday and that unless the INEC and AGF are ordered to maintain status ante bellum as at May 5 when he filed the suit, he would be made to vacate office before his form would be accepted by the appropriate authority.

However in a brief ruling, Justice Ahmed Ramat Mohammed refused to grant the order but instead, ordered Emefiele to put the defendants on notice and also serve court processes on the defendants.

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

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