The Independent National Electoral Commission (INEC) has asked the Federal
High Court in Abuja to set aside the restraining order which put the
recall of the senator representing Kogi West in the Senate, Dino Melaye,
on hold.
The restraining order was issued on July 6 by Justice John Tsoho who
subsequently adjourned the matter till September 29.
In a motion on notice brought before Justice Nnamdi Dimgba on Thursday,
INEC, however, prayed the court to set aside the order for maintenance of
status quo in the case.
In the motion filed by one Mr Sulayman Ibrahim, the electoral body claimed
that the order for the status quo has hindered it from proceeding with the
recall process of Senator Melaye.
INEC, in a 16-paragraph-affidavit in support of the motion on notice,
claimed that the order made by Justice Tsoho was against the time bound
duty of the Commission as enshrined under Section 69 of the 1999
Constitution.
The electoral body averred that since the ex-parte order was served on it
on July 10, it has hindered it from taking any further action in respect
of the recall petition.
It specifically claimed that it has 90 days, starting from June 21, to
conduct a referendum in line with the approved timetable and schedule of
activities.
INEC further claimed that the recall process was time bound and that the
90-day period for the exercise would lapse on September 18.
It claimed that Senator Melaye misrepresented and suppressed material
facts, stating that this misled the judge to grant the order of interim
injunction.
In another motion, the electoral umpire asked the court for an order for
accelerated hearing of substantive suit, and that all order processes
relating to the recall petition should be heard during the court vacation.
Justice Dimgba adjourned the hearing of the two motions till July 27 to
enable Senator Melaye’s lawyers to respond to the suits.