The Governor of the Central Bank of Nigeria (CBN) has withdrawn his lawsuit seeking an order to run for president without resigning from the apex bank.
“We shall be praying your Lordship to respectfully discontinue the suit and make an order striking out the suit,” The CBN governor’s lawyers told the court on Monday, Peoples Gazette reports.
Emefiele had in a suit marked FHC/ABJ/CS/610/2022 and filed on May 5 asked a Federal High Court in Abuja to declare him eligible to participate in the 2023 presidential election.
The suit was filed a few days after three support groups bought him the All Progressives Congress (APC) presidential nomination and expression of interest forms worth N100 million.
It has the Independent National Electoral Commission (INEC) and Abubakar Malami, Attorney-General of the Federation (AGF), as respondents.
In the suit filed through Chief Mike Ozekhome (SAN), he was praying for a declaration that he was not bound to resign to participate in a primary election to select a presidential candidate.
The CBN Governor was the sole plaintiff in the suit, with the Independent National Electoral Commission (INEC) and the Attorney-General of the Federation as respondents.
He also prayed the court to determine whether Section 84(12) of the Electoral Act 2022 is not inconsistent with Section 137 (1)(G) of the 1999 Constitution.
The suit was filed two days before the CBN governor said he had not made up his mind to run for the office of the president.
Part of the grounds of the application read: “That the plaintiff has the aspiration to seek election to the Office of the President of the Federal Republic of Nigeria and participate as a candidate in the upcoming 2023 elections.
“That section 84(12) of the Electoral Act, 2022 provides that: ‘No political appointee at any level shall be a voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election’.
“That the plaintiff verily believes that he is not affected by these provisions, as he is not a political appointee as envisaged by the above provisions of section 84(12) of the Electoral Act, 2022.
“That the Central Bank of Nigeria is entirely (100 per cent) owned by the Nigerian Federal Government, and therefore constitutes a government agency with the meaning and intendment of Section 318 of 1999 Constitution.”
A Delta State High Court sitting in Kwale had last Tuesday discharged an order restraining the Board of the Central Bank of Nigeria from removing Emefiele over his 2023 presidential ambition.
The court ruled that the order of May 5 “is hereby deemed vacated and set aside.”
SaharaReporters had reported that Justice DC Maidoh of the court granted an order restraining the Board of Central Bank of Nigeria and INEC from stopping Emefiele from seeking an elective post.