Lawyer to the CBN governor, Dr Mike Ozekhome (SAN), in an interview with The PUNCH, insisted that his client would only resign on moral grounds and not on points of law.
He however said the decision to quit would be left to the President and Emefiele.
Emefiele had through Ozekhome applied for an order of status quo ante bellum to be made against INEC and AGF so that he would not be made to resign from office until 30 days to the 2023 general elections.
The plaintiff in an ex-parte application had also denied being a political appointee but a public servant not caught by section 84 (12) of the new Electoral Act 2022.
The CBN governor had asked the court to invoke Section 318 of the 1999 constitution to bar the defendants from asking him to vacate office until 30 days to the February 2023 Presidential election.
Emefiele had expressed apprehension that the sale and submission of the presidential nomination form would expire on Wednesday and that unless the INEC and AGF were ordered to maintain status ante bellum as of May 5 when he filed the suit, he would be made to vacate office before his form would be accepted by the appropriate authority.
But Ozekhome told The PUNCH that while the choice to resign was left for the Presidency and his client, the CBN governor would only resign on moral grounds and not on points of law.
He said, “Whether he (Emefiele) goes or not is his own decision, he has told me to take up the legal aspect for him, that if he wants to go at all, he is entitled to stay in office 30 days to the general elections.