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JUST IN: Court Summons Malami, INEC Over CBN Governor’s Move To Contest 2023 Presidency

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The Federal High Court sitting in Abuja has summoned the Attorney General of the Federation and Independent National Electoral Commission (INEC) to appear on the reason a motion ex parte filed by the Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, should not be granted.

 

 

Chief Mike Ozekhome SAN, filed the motion exparte on Monday urging the court to direct all relevant authorities to maintain status quo till the main suit challenging the unconstitutionality of Section 84(12) of the Election Act 2022 vis-a-vis 137 of the 1999 constitution is interpreted.

 

“By Wednesday, 11 May, 2022, the timeline for collecting the form for expression of interest will expire.

 

“The timeline for the congresses and conventions of the political parties for the presidential election which he is interested in (the primaries) comes up on the 30 May.

 

“The motion is seeking that the court should grant an order for maintenance of status quo.

 

“Let my lord not allow anybody to do anything,” against the interest of my client, Ozekhome prayed the court.

 

Subsequently, Justice A.R. Mohammed ordered that the INEC and the AGF should be put on notice.

 

“Having listened to the learned senior advocate and having read the affidavit in support, an order is hereby made directing the defendants to appear on 12 May (12pm) and show cause why the motion exparte seeking maintenance of status quo should not be granted by this court.

 

“An order is made to serve the court processes on the defendants,” the judge held.

 

Other processes, The Whistler reports was filed before the court by Ozekhome include an originating summons, a motion for the abridgement of time because of the urgency of the matter and an affidavit of urgency.

 

Ozekhome told Justice Mohammed that his client is in a “dilemma” going by Section 84 12 of the Election Act and associated litigation.

 

“The plaintiff is the current Governor of CBN, he desires to run for the office of the president in the election coming up in February 23, 2023

 

“But he is in a dilemma, can he run?

 

“By the way, this Electoral Act has been struck down by the Justice Evelyn of the Federal High Court sitting in Umuahia

 

“The matter is currently on appeal,” he said.

 

He added that even if the Court of Appeal upturns that trial judgement, is he still affected?

 

“We seek constitutional interpretation of this,” he said

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