The Independent National
Electoral Commission (INEC), on Thursday asked the Federal High Court, Abuja,
to set aside an earlier order of the court, suspending the recall of Sen. Dino
Melaye (APC-Kogi).
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.
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.
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.
“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.
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.
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