The Independent National Electoral Commission (INEC) has asked the Federal High Court sitting in Abuja to set aside the restraining order which put on hold the recall process of the Senator representing Kogi West Senatorial District in the Senate, Senator Dino Melaye.
Justice John Tsoho, who made the order on July 6, 2017, adjourned the matter till September 29, 2017.
But, INEC in a motion on notice brought before Justice Nnamdi Dimgba prayed the court to set aside the order for the maintenance of status quo.
In the motion filed by Mr Sulayman Olawole Ibrahim, the electoral body claimed that the order for the status quo has hindered it from proceeding with the recall process of the Senator.
In a 16-paragraph affidavit in support of the motion on notice, the electoral body claimed that Dino Melaye misrepresented and suppressed material facts, thereby misleading the court or the Judge to grant the order of interim injuction.
INEC claimed that it received a petition dated June 19th and received June 21st, seeking Melaye’s recall and that consequence upon the receipt of the petition, it has published time table and schedule of activities for the recall process.
The electoral body averred that since the exparte order was served on it on July 10th, it has hindered it from taking any further action in respect of the recall petition.
INEC specifically claimed that it has 90 days, starting from June 21st to conduct referendum in line with the approved time table and schedule of action.
The electoral body also claimed that the recall process is time bound and that the 90 days period for the exercise will lapse on September 18th.
Beside, INEC also stated that the last day for submission of application by interested observers, names of verification agents for the Senator sought to be recalled and those of the petitioners have already been slated for July 31st, August 10th,15th and 19th and that Melaye may not be prejudice.
In another motion filed also by INEC, it prayed for an order for accelerated hearing of the substantive suit and all order processes relating to the recall petition that it should be heard during the court vacation
When the matter came up on Thursday, counsel to the respondent, Mr Sulayman Ibrahim told the court that he had filed three different motions praying for different order and that he had served same on the applicant.
However, counsel to applicant Mr Nkem Okoro from Chief Mike Ozehkome chambers admitted receiving the three motions.
He however said that the motions were served on Tuesday and that he needed seven days as required by law to respond to the three motions.
Justice Nnamdi Dimgba agreed with him and adjourned hearing till July 27, 2017.
It would be recalled that a group of people from Kogi West had brought a petition to INEC in June seeking recall of their representative Senator Dino Melaye.
The group claimed that it had obtained signatures of over 188,000 voters in support of the recall bid.
and then