ADVERTISEMENT

INEC asks court to vacate order halting senator’s recall

INEC commenced Melaye’s recall following the receipt of a petition from members of his constituency demanding that he be recalled.

Sen Dino Melaye

Melaye, however, approached the court, seeking an order stopping INEC from going ahead with the process, pending the determination of a suit he filed challenging his recall.

Melaye had in the suit alleged irregularities and fraud in the petition.

In the application which was argued by his lawyer, Mr Mike Ozekhome (SAN), he submitted that the signatories in the petition were fake, fictitious and concocted.

He added that some of the signatures were of dead members of his constituency.

ADVERTISEMENT

In his ruling, Justice John Tsoho, ordered parties to maintain status quo, pending the determination of the matter.

He adjourned further hearing until Sept. 29.

INEC, however, applied that the matter be heard before a vacation judge.

When the matter came up on Thursday, counsel to INEC, Mr Sulayman Ibrahim, informed the court of an application seeking to set aside the ex-parte order made by the court on July 6, to maintain the status quo.

He also informed the court of another application, seeking accelerated hearing of the matter during vacation.

ADVERTISEMENT

In the application seeking the vacation of the ex-parte order, the electoral body argued that the order violated its right to fair hearing as enshrined in Section 36 of the 1999 Constitution.

The commission further argued that the order was against its time-bound constitutional duty, which is the time frame stipulated by law to carry out a recall.

In an affidavit deposed to by one Paave Demenongo, the commission claimed that it was not heard before the ex-parte order was made.

It also claimed that since it received the order on July 10, it had been unable to take action on the recall process, notwithstanding the fact that time was of essence in carrying out its duties.

“The defendant/applicant has 90 days from June 21 to conduct referendum in line with the approved time table and schedule of activities for the recall of the senator representing Kogi West Senatorial District of Kogi."

ADVERTISEMENT

“The period of 90 days will elapse on Sept. 18.”

The affidavit further stated that Melaye would not be prejudiced if the application to vacate the ex-parte order was granted as it was in the interest of justice to grant it.

In the other application seeking accelerated hearing, INEC said it was predicated on the grounds that it was its constitutional duty as provided by Section 69 of the 1999 Constitution.

It further stated that the application was also predicated on the fact that time was of essence in the hearing and determination of the substantive suit.

However, counsel to Melaye, Mr Nkem Okoro, opposed both applications, stating that he was served on July 18, less than two days before the hearing.

ADVERTISEMENT

He argued that by the rules of the court, he needed seven days within which to respond to both applications.

Okoro asked the court for an adjournment to enable him prepare his reply.

The vacation judge, Justice Nnamdi Dimgba, adjourned the matter until July 27 for hearing.

JOIN OUR PULSE COMMUNITY!

Unblock notifications in browser settings.
ADVERTISEMENT

Eyewitness? Submit your stories now via social or:

Email: eyewitness@pulse.ng

Recommended articles

Tinubu’s refusal to celebrate 72nd birthday marks great leadership - Rahman

Tinubu’s refusal to celebrate 72nd birthday marks great leadership - Rahman

Adamawa Police reaffirms ban on motorcycles in Yola

Adamawa Police reaffirms ban on motorcycles in Yola

You make bold decisions & live with consequences - Ondo Gov hails Tinubu at 72

You make bold decisions & live with consequences - Ondo Gov hails Tinubu at 72

170 electrical vandalism cases in 2 years, 100 charged to court - EEDC

170 electrical vandalism cases in 2 years, 100 charged to court - EEDC

Tinubu appoints Bello as chairman of code of conduct bureau

Tinubu appoints Bello as chairman of code of conduct bureau

Don't curse, condemn Nigeria in your sermons - Tinubu tells clerics

Don't curse, condemn Nigeria in your sermons - Tinubu tells clerics

Lagos postpones eagerly anticipated Easter boat regatta indefinitely

Lagos postpones eagerly anticipated Easter boat regatta indefinitely

Third Mainland Bridge reopens in 1 week, formal ceremony later - Minister

Third Mainland Bridge reopens in 1 week, formal ceremony later - Minister

Sanwo-Olu opens 'Sunday market' on Good Friday for Easter shopping

Sanwo-Olu opens 'Sunday market' on Good Friday for Easter shopping

Pulse Sports

Nigeria vs Mali: Has Finidi George done enough to land Super Eagles job permanently?

Nigeria vs Mali: Has Finidi George done enough to land Super Eagles job permanently?

I want to emulate Keshi and win the AFCON - Finidi George shares ambitious Super Eagles dream

I want to emulate Keshi and win the AFCON - Finidi George shares ambitious Super Eagles dream

Michelle Alozie: I had to do it because of African referees

Michelle Alozie: I had to do it because of African referees

AC Milan star reveals he was named after Super Eagles legend Tijani Babangida

AC Milan star reveals he was named after Super Eagles legend Tijani Babangida

Give him the job! Super Eagles fans beg NFF to make Finidi George permanent coach after Nigeria's win over Ghana

Give him the job! Super Eagles fans beg NFF to make Finidi George permanent coach after Nigeria's win over Ghana

Super Eagles 2-1 Black Stars: Nigerians praise Iwobi, Lookman, Finidi George after friendly victory against Ghana

Super Eagles 2-1 Black Stars: Nigerians praise Iwobi, Lookman, Finidi George after friendly victory against Ghana

ADVERTISEMENT
ADVERTISEMENT