COURTROOM NEWS 19/05/2022
Court Vacates ExParte Order Restraining CBN and INEC From Barring Emefiele’s Presidential Ambition
The Delta State High Court sitting in Kwale, Delta state has vacated a controversial Exparte order delivered on the 5th of May, 2022, in the case BETWEEN MR. NKWO AUGUSTINE EDDIEGO VS THE BOARD OF THE CENTRAL BANK OF NIGERIA AND THE INDEPENDENT NATIONAL ELECTORAL COMMISSION.
Recall that on the 13th of May, 2022, The Lawyer sighted an ExParte order by a Delta High Court sitting in Kwale barring the Central Bank of Nigeria and INEC from treating Section 9 of the CBN Act as a bar on the CBN Governor from contesting for political office pending the determination of the Motion on Notice.
In a letter dated 16th of May, 2022 addressed to the Chief Judge of the State, and sighted by The Lawyer, the presiding Judge Hon. Justice D.C. Maidoh stated that having reached its 7 days lifespan, the said ExParte order has abated and without extension is consequently deemed vacated and set aside.
In the letter, he further explained that the Order was granted for the reason that the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation and claim were prima facie raised on the interim and originating processes within the jurisdiction of the Court under Section 272 (1) of the 1999 Constitution.
He further noted that in the absence of a Motion on Notice for extension of the said order, it is abated and therefore vacated.
Apart from vacating the said ExParte order which sparked controversy in Nigeria’s legal circle, the letter also transferred the case back to the Chief Judge of Delta State for assignment and further directions thereto.
It reads in part; “Pursuant to the provisions of Section 251 (1)(q)(r)(s) of the 1000 Constitution and Paragraphs 1 and 2 of the High Court of Delta State (Political Cases) Direction (No.1) of 2022 as well as the aforesaid Policy Directions issued to all Federal and State Courts by the National Judicial Council on 11th day of May, 2022 – the action is Suit Number HCK/38/2022 is hereby transferred to the Honourable Chief Judge of Delta State for assignment and further directions thereto”.
The Honourable Judge closed the letter with an admonition to Counsel to refrain from hiding relevant facts from the Court when seeking interim orders.
He wrote: “It is needful to state here that Counsel in seeking interim orders of the Court are ministers in the temple of justice and have a duty to present all facts and refrain from suppressing any facts that may aid the Court in its judicial assignment.”
