From Godwin Tsa, Abuja
Governor of Central Bank (CBN) Godwin Emefiele withdrew on Monday the suit he filed against the Independent National Electoral Commission (INEC) and the Attorney-General of the Federation bordering on his 2023 presidential ambition.
When the case came up for mention before Justice Muhammed Ahmed of the Abuja division of the Federal High Court, his counsel, S.T. Maliki, informed the court of a pending notice of discontinuance, which he said, had been filed and served on the defendants in the matter.
Maliki, who held the brief of his principal, Chief Mike Ozekhome, SAN, said they had the instruction of their client to withdraw the suit.
“Pursuant to the instruction of the plaintiff (Emefiele), we filed a notice of discontinuance dated and filed May16, 2022
“And the said notice of discontinuance was served on all the defendants on that said date of May 16, 2022, which proof of service is before your lordship,” Maliki said.
Maliki observed that of all the defendants, only the 4th and 5th defendants filed a counter affidavit in response to the plaintiff’s amended originating summons, after the notice of withdrawal had been served on them.
He prayed the court to discontinue the suit and make an order striking it out, issues having not been joined by parties in the suits, citing Order 50 of the rules of this court.
Although lawyer to the 4th defendant, John Aikpokpo-Martins, opposed Emefiele’s intention to withdraw the suit, he urged the court to dismiss the suit with N1.5 million cost.
However, counsel for the 2nd and 3rd defendants, Chris Nevo and T. J. Adi respectively did not object to the withdrawal notice.
For Nevo, he asked the court to award a N1 million cost against Emefiele.
In his ruling, Justice Mohammed held that Emefiele had the right to file the notice of withdrawal.
He said the notice of discontinuance was valid and accordingly struck out.
Emefiele had on May 9, 2022, filed a suit against the Independent National Electoral Commission, INEC, and the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, alleging attempt to disqualify him from the 2023 presidential election.
The CBN governor, in the suit by his team of lawyers led by Chief Mike Ozekhome is praying the court to declare that he can “validly participate in the primary election of any political party and is entitled to vote and be voted for as candidate of any political party of his choice, for the purpose of the nomination of candidates for the election to the office of Predsident or any other office under the Constitution of the Federal Republic of Nigeria, as amended”.
He wants the court to issue an order, “stopping the defendants (INEC and the AGF), from stopping or prejudicing 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 President or any other office under the Constitution”.
In a a supporting affidavit that was deposed to by one Maliki Sylvanus, Emiefele, told the court that he is aspiring to seek election to the office of the apresident of Nigeria and participate as a candidate in the upcoming 2023 presidential elections.