A Federal High Court sitting in Lokoja on Monday vacated the order stopping Independent Electoral Commission (INEC) from receiving Natasha’s recall petition.
Justice Isa Dashen had earlier granted an interim injunction restraining INEC, its staff, agents, privies, or assigns from receiving, accepting, or acting on any petition containing signatures from members of the Kogi Central Senatorial District.
However, on Monday, Justice Dashen set aside the injunction and ordered an accelerated hearing of the case.
The court also barred INEC from conducting any referendum based on such a petition for the purpose of initiating a recall process for Senator Akpoti-Uduaghan, pending the determination of the Motion on Notice on the matter.
Meanwhile, INEC, through its counsel, Mr. Abdullahi Aliyu (SAN), made an oral application for the injunction to be set aside and for an expedited hearing of the case.
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Aliyu argued that the Federal High Court by provisions in the constitution does not have the jurisdiction to stop a constitutional body like INEC from carrying out its constitutional function.
“I hereby make an oral application by virtue of the pronouncement made by Court of Appeal in the case between EFCC v Bello for the interim injunction be discharged.
“Also, under Order 26 rule 5(1) of the Federal High Court, we strongly apply for the accelerated hearing of the case, ” he argued.
The Counsel for the applicants, Mr West Idahosa (SAN), objected to the application for the vacation of the interim injunction granted to Sen. Akpoti-Uduaghan.
Idahosa argued that when an illegality is raised by complainants as in the Plaintiffs of the case, a constitutional duty could be restrained.
“This is because every rule has an exception. More so the Supreme Court reaffirmed that when a case of illegality is brought before a court, the court will first look at it to be sure whether it’s true.
“The plaintiffs in this matter said that there’s an illegality of forgery backed with a valid Affidavit before this honourable Court,” he said.
Idahosa said the court was inherent to do justice by provisions of Section 6(6) of the Constitution of the Federal Republic of Nigeria.
He, however, asked the court not to allow the application for vacation of the institution.
Justice Dashen in his ruling, after listening to both parties, granted the application and vacated the interim order as well as ordered for the acceleration hearing of the case.
He adjourned the case to April 9, for hearing.
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