2023: AGF, INEC honour court summons in Emefiele’s case, as PDP, others join suit

The Federal High Court in Abuja has joined the People’s Democratic Party (PDP) and two others in the suit filed by the Governor of the Central Bank of Nigeria (CBN), Mr Godwin Emefiele, seeking the court’s determination of his right to participate in the 2023 presidential election.

Nustit Ahmed Mohammed, the judge handling the matter had, on Monday adjourned till Thursday to enable the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) to appear before it to explain why the court should not restrain them from preventing the CBN Governor from realising his political ambition by participating in all the processes leading to the 2023 presidential election.

The summoning of INEC and AGF was sequel to a motion exparte argued by Emefiele’s counsel, Chief Mike Ozekhome (SAN), to restrain the two defendants from taking any step that would jeopardize the interest of his client.

Justice Mohammed had, in his ruling, ordered the CBN governor to serve all court processes in relation to the suit he filed on INEC and the AGF who are 1st and 2nd defendants respectively.

When the matter was called on Thursday, both INEC and AGF were in court in line with the court’s order and instead of proceeding with the case of the CBN governor, two lawyers stood up and announced appearances for their clients, who are seeking to join the suit as defendants.

First was Chief Sebastiane Hon (SAN) who informed the court of the intention of his client, the PDP to join as an interested party, which was immediately followed by one John Martins and Olukunle Ebun, who told the court that they are suing for themselves and on behalf of the Save Nigeria our Fatherland.

Ozekhome, who did not oppose the applicants joining the suit, undertook to serve the applicants with all processes within 24 hours, while INEC through, its lawyer, Mr Ibrahim Inuwa (SAN) did not also oppose the application for joinder, that of the AGF, Mr Dipo Okpeseyi (SAN) did and urged the court to ensure that only proper parties should be allowed to join in the matter.

In a short ruling, the court joined the PDP, John Martins and Olukunle Ebun as 3rd, 4th and 5th defendants respectively and ordered an accelerated hearing in the matter, adding that while the 1st and 2nd defendants were directed to respond to the plaintiff’s suit within Monday and Tuesday, the 3rd to 5th defendants have up till Wednesday next week to respond and the plaintiff, 24 hours to reply on point of law.

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Justice Mohammed who adjourned the matter till May 23 for parties to adopt their final written addresses warned parties against application for an extension of time since all parties have pledged to the accelerated hearing of the matter. He also warned parties not to take any step that would undermine the proceedings.

Emefiele, amongst other reliefs, is asking the court for an order restraining the defendants from preventing or hindering his participation in the process of the presidential election slated for February next year.

He expressed the 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 the resigned 30 days to such conventions and congresses.

Specifically, he argued that by virtue of being a public servant he cannot be barred from participating in the political primaries of political parties by Section 84 (12) of the Electoral Act, 2022 and submitted that Constitutional provisions stipulated that he can only resign his appointment as Governor of CBN 30 days to the presidential election which he is interested in contesting.

Amongst the court processes, he filed before the court was an application for the maintenance of status, which he predicated on the fact that he would be prejudiced against or hurt if the court does not restrain the defendants from taking any step that would jeopardize his desire to contest the presidential election.