An Abuja based senior lawyer, Mr. Tochukwu Ohazuruike has urged the Federal High Court to order Central Bank of Nigeria (CBN) Governor, Mr. Godwin Emefiele to resign.
In an Originating Summons brought by their Lead Counsel, Chief Chukwudi Oli of Oli & Partners pursuant to Sections 2, 8(4-5), 9 &11(2)(C) of the Central Bank of Nigeria Act, 2007; Section 84(12) of the Electoral Act, 2022; Section 6(6) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), and under the inherent jurisdiction of the court, Ohazuruike, who is suing alongside Mr. Alieze Sunday Ekpa as plaintiffs, is praying for “AN ORDER mandating the 1st Defendant to cease holding office as the Governor of Central Bank of Nigeria by virtue of his acts of serious misconduct in filing Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking interpretation of Section 84(12) of the Electoral Act, 2022, amidst other political participations and/or interests etc, while still serving as Governor of the Central Bank of Nigeria (CBN) as against the object/purpose of the 2nd Defendant and the minimum standard of duties imposed on him by virtue of Sections 2 and 9 respectively of the Central Bank of Nigeria Act, 2007 and in compliance with Section 11(2)(c) of the Central Bank of Nigeria Act, 2007.”
The defendants are Mr. Godwin Emefiele, Central Bank of Nigeria and Attorney General of the Federation.
The plaintiffs are seeking “AN ORDER directing the 2nd Defendant to cease recognising the 1st Defendant as Governor of Central Bank of Nigeria by virtue of his acts of serious misconduct in filing Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking interpretation of Section 84(12) of the Electoral Act, 2022, amidst other political participations and/or interests etc, while still serving as Governor of Central Bank of Nigeria (CBN) as against the object/purpose of the 2nd Defendant and the minimum standard of duties imposed on him by virtue of Sections 2 and 9 respectively of the Central Bank of Nigeria Act, 2007 and in compliance with Section 11(2)(c) of the Central Bank of Nigeria Act, 2007,” and
“AN ORDER directing the 3rd Defendant to take all necessary steps in ensuring compliance that the 1st Defendant cease to be recognised by the Government of the Federal Republic of Nigeria as Governor of Central Bank of Nigeria by virtue of his acts of serious misconduct in filing Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking interpretation of Section 84(12) of the Electoral Act, 2022, amidst other political participations and/or interests etc, while still serving as Governor of the Central Bank of Nigeria (CBN) as against the object/purpose of the 2nd Defendant and the minimum standard of duties imposed on him by virtue of Sections 2 and 9 respectively of the Central Bank of Nigeria Act, 2007 and in compliance with Section 11(2)(c) of the Central Bank of Nigeria Act, 2007.”
They are also asking for “AN ORDER OF PERPETUAL INJUNCTION against the 1st Defendant retraining him from further parading himself as Governor of Central Bank of Nigeria by virtue of his acts of serious misconduct in filing Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking interpretation of Section 84(12) of the Electoral Act, 2022, amidst other political participations and/or interests etc, while still serving as Governor of the Central Bank of Nigeria (CBN) as against the object/purpose of the 2nd Defendant and the minimum standard of duties imposed on him by virtue of Sections 2 and 9 respectively of the Central Bank of Nigeria Act, 2007 and in compliance with Section 11(2)(c) of the Central Bank of Nigeria Act, 2007.
“AN ORDER OF PERPETUAL INJUNCTION against the 2nd Defendant, its Board of Directors, agents, servants, privies etc from recognising and/or allowing the 1st Defendant to continue to parade himself as Governor of Central Bank of Nigeria by virtue of his acts of serious misconduct in filing Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking interpretation of Section 84(12) of the Electoral Act, 2022, amidst other political participations and/or interests etc, while still serving as Governor of Central Bank of Nigeria (CBN) as against the object/purpose of the 2nd Defendant and the minimum standard of duties imposed on him by virtue of Sections 2 and 9 respectively of the Central Bank of Nigeria Act, 2007 and in compliance with Section 11(2)(c) of the Central Bank of Nigeria Act, 2007.
“AN ORDER OF PERPETUAL INJUNCTION against the 3rd Defendant, his principal, appointor, agents, servants, privies etc from recognising or allowing the 1st Defendant to continue to parade himself as Governor of Central Bank of Nigeria by virtue of his acts of serious misconduct in filing Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking interpretation of Section 84(12) of the Electoral Act, 2022, amidst other political participations and/or interests etc, while still serving as Governor of Central Bank of Nigeria (CBN) as against the object/purpose of the 2nd Defendant and the minimum standard of duties imposed on him by virtue of Sections 2 and 9 respectively of the Central Bank of Nigeria Act, 2007 and in compliance with Section 11(2)(c) of the Central Bank of Nigeria Act, 2007.
“AN ORDER awarding the sum of Ten Million Naira Only (N10,000,000.00) as cost of this action against the 1st, 2nd and 3rd Defendants in favour of the Plaintiff in this suit,” and
“AN ORDER awarding a 10% post judgment interest on the judgement sum of this suit against the 1st, 2nd and 3rd Defendants from the date of judgment till final liquidation.”
Supported by a 34-paragraph affidavit sworn by the senior lawyer, the plaintiffs are seeking “A DECLARATION that by the express provisions of Sections 2 and 8(4-5) of the Central Bank of Nigeria Act, 2007, the object, purpose and business of the Central Bank of Nigeria (2nd Defendant) has nothing to do with the provision of Section 84(12) of the Electoral Act, 2022 or engaging in any direct or indirect political activities in Nigeria vis-à-vis the duties and functions of the 1st Defendant as Governor of Central Bank of Nigeria.”
They are also asking for “A DECLARATION that the 1st Defendant’s suit filed in this Honourable Court on 5th May, 2022 in Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking the interpretation of the provision of Section 84(12) of the Electoral Act, 2022 etc. while still serving as Governor of the Central Bank of Nigeria (CBN) does amount to engaging in activities contrary to the minimum standard of duties imposed on the 1st Defendant pursuant to the express provision of Section 9 of the Central Bank of Nigeria Act, 2007.
“A DECLARATION that the 1st Defendant’s act in filing Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking interpretation of the provision of Section 84(12) of the Electoral Act, 2022, which preclude serving political appointees from been delegates or candidates in political parties’ congresses and/or conventions, amidst other political participations and/or interests etc, has exposed the 1st Defendant as partisan and interested in direct political activities in Nigeria, while still serving as Governor of Central Bank of Nigeria (CBN) contrary to the the express provisions of Sections 2, 8(4-5) and 9 of the Central Bank of Nigeria Act, 2007.
“A DECLARATION that the 1st Defendant is liable to acts of serious misconduct contrary to Section 11(2)(c) of the Central Bank of Nigeria Act, 2007, by virtue of his act of filing Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking interpretation of Section 84(12) of the Electoral Act, 2022, amidst other political participations and/or interests etc, while still serving as Governor of Central Bank of Nigeria (CBN) as against the object/purpose of the 2nd Defendant and the minimum standard of duties imposed on him by virtue of Sections 2 and 9 respectively of the Central Bank of Nigeria Act, 2007,” and
“A DECLARATION that the 1st Defendant is liable to cease holding office as the Governor of Central Bank of Nigeria by the serious acts of misconduct constituted in his filing of Suit No. FHC/ABJ/CS/ 610 /2022 – GODWIN EMEFIELE VS INEC & AGF seeking interpretation of Section 84(12) of the Electoral Act, 2022, amidst other political participations and/or interests etc, while still serving as Governor of Central Bank of Nigeria (CBN) as stipulated under Section 11(2)(c) of the Central Bank of Nigeria Act, 2007.”
No date has been fixed for the hearing of the suit.
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