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APC primary: Court stays action on Emefiele’s request, summons INEC, AGF

A federal high court in Abuja has stayed action on the request of Godwin Emefiele, CBN governor, to restrain the Independent National Electoral Commission (INEC) and Abubakar Malami, attorney-general of the federation (AGF), from stopping him in the pursuit of his presidential bid.
The court summoned INEC and the AGF to appear before it on May 12 to show cause why Emefiele’s request should not be granted.
Emefiele had asked the court to declare him eligible to participate in the 2023 presidential election.
In a suit marked FHC/ABJ/CS/610/2022 and filed on May 5, the CBN governor prayed the court to declare that he could participate in any political party’s presidential primary poll and only resign 30 days to the election.The suit was filed two days before the CBN governor said he had not made up his mind to run for office of the president.
Three support groups bought him the All Progressives Congress (APC) presidential form worth N100 million.
At the hearing on Monday, the court summoned Malami and INEC to explain why the request of Emefiele should not be granted.The CBN governor through Mike Ozekhome, his lawyer, had argued that his client is free from section 84(12) of the new electoral act because he is a public servant and not a political appointee.
In the suit, Emefiele asked to the court for an; “AN ORDER that the Plaintiff cannot be hindered, stopped or precluded from participating, voting or being voted for at the congress or convention of any political party of his choice for the purpose of the nomination of candidates for the election to the office of President or any other office under the constitution of the Federal Republic of Nigeria.
“AN ORDER OF PERPETUAL INJUNCTION restraining the defendants whether by themselves, their agents, servants or privies or any legal representative from hindering, stopping or precluding the Plaintiff from participating, voting or being voted for at the congress or convention of any political party of his choice for the purpose of the nomination of candidates for the election to the office of the president or any other office under constitution of the federal republic of Nigeria (as amended).”
The court, in its ruling, summoned INEC and the AGF to appear before it on May 12, to show cause on why the order for maintenance of status quo antebellum should not be granted to the CBN governor.The court also ordered the plaintiff to deliver all processes to the defendants, including a hearing notice.

SOURCE:THE CABLE.

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