CBN governor Emefiele suffers setback in his bid to bar Inec from forcing him resign

CENTRAL Bank of Nigeria (CBN) governor Godwin Emefiele has failed to get a court order barring him from running for president while still in office after an Abuja high court refused to grant his request asking he be exempt from the rule.

Mr Emefiele, a government appointed, has received his presidential nomination form, seeking to become the presidential candidate of the All Progressives Congress (APC). However, Nigeria's electoral laws state that as a government employee, Mr Emefiele had to resign from office at least 30 days to the general election.

Today, Mr Emefiele sought a restraining order against the Independent National Electoral Commission (Inec) and the attorney-general of the federation, barring them from disqualifying him from standing.  Mr Emefiele had, through his counsel, Mike Ozekhome, applied for an order of status quo ante bellum to be made against them so that he would not be made to resign from office until 30 days to the general election.

In an ex-parte application, Mr Emefiele denied being a political appointee but a public servant not caught by Section 84 (12) of the new Electoral Act 2022. He asked the court to invoke Section 318 of the 1999 constitution to bar the defendants from asking him to vacate office until 30 days to the February 2023 presidential election.

Mr Emefiele expressed apprehension that the sale and submission of the presidential nomination form would expire this Wednesday and that unless Inec and the attorney-general are ordered to maintain status ante bellum as of 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 turned down the request for the order.

Instead, the judge ordered Mr 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 on why the request should not be granted.

Folasade Yemi-Esan, the boss of the Office Head of Civil Services (OHCSF), waded into the debate, urging all civil servants to be guided by the Nigerian Public Service Rules (PSR). She said civil servants should be guided by the legal opinion of Malami Abubakar, the attorney-general of the federation and justice minister.  

Ms Yemi-Esan said: “Accordingly, in the overall best interest of neutrality, integrity and development of Nigerian Civil Service, all civil servants are strongly advised to be guided by the provisions of PSR and the legal opinion of the attorney-general of the minister of justice on the subject. The contents of this circular should be given widest circulation for the compliance of all.”