Embattled Senator Dino Melaye failed yesterday in a bid to stop his recall process by the Independent National Electoral Commission (INEC).
Justice John Tsoho, in an ex-parte ruling yesterday, rejected Melaye’s motion for a temporary injunction restraining INEC from proceeding with the recall process until the determination of his (Melaye’s suit) challenging his recall.
Instead, the judge ordered parties in the case to “maintain status quo as things stand today, July 6, 2017, pending the hearing of the motion on notice”.
Mike Ozekhome (SAN) argued Melaye’s ex-parte motion yesterday.
The judge adjourned to September 29 for hearing on Melaye’s motion on notice and applications filed by three individuals, led by Chief Cornelius Olowo, who applied as parties in the suit.
The applicants said they were necessary parties and would be affected by the case outcome, hence the need for them to be heard before the court make pronouncement on the case.
In the main suit with INEC, Melaye, representing Kogi West, faulted the process to recall him, arguing that it was tainted by political malice and initiated by his political enemies.
He denied any wrongdoing and claimed he was being targeted for standing up for the oppressed in Kogi State and unpaid workers.
The senator is praying the court to declare the petition submitted to the INEC Chairman, Prof. Yakubu Mahmood, as “illegal, unlawful, wrongful, unconstitutional, invalid, null, void and of no effect whatsoever”.
He also urged the court to void the recall process on the grounds that it was commenced in breach of his fundamental right to fair hearing.
The senator urged the court for an order of injunction restraining the defendant from “conducting any referendum predicated on the fictitious petition” allegedly submitted to it by the purported constituents of the plaintiff, on the basis of the fundamentally and legally flawed petition.
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