The Independent National Electoral Commission (INEC), on Thursday asked the vacation judge of the Federal High Court Abuja, Justice Nnamdi Dimgba to vacate the order of the court that had stopped it from proceeding with the recall processes of Senator Dino Melaye, Kogi West from the National Assembly.
Two applications filed by INEC in response to the Federal High Court order that stopped the recall process came up yesterday for hearing, thus confirming The Daily Times exclusive story on Monday that the Commission had not only applied to vacate the order of Justice John Tsoho of the Federal High Court but had also petitioned the Chief Justice of Nigeria over a breach of its constitutional role .
However, when the matter was called yesterday, INEC counsel Sulayman Ibrahim informed the vacation judge that the two applications, one – seeking the court’s leave for the vacation judge to expeditiously hear Melaye’s suit, and second – an application for an order setting -aside the ex-parte interim order to maintain status quo made by Justice John Tsoho on July 6, 2017 have been served on Melaye’s counsel.
But Senator Melaye’ s lawyer, Mr. Nkem Okoro said he was served with the applications on Tuesday and that he needs seven days to respond.
Consequently, the vacation judge, Justice Dimgba adjourned the matter to Thursday, 27 July , 2017 for hearing. In a 16 paragraphs affidavit in support of the application, the commission said that Melaye’s suit is predicated on questions bordering on propriety or otherwise of the petition for the recall of the plaintiff( Melaye) received by the Commission from the registered voters in Kogi West Senatorial District whose signatures appear in said petition.
That INEC has just 90 days from the date of the receipt of the petition to conduct a referendum in Kogi West Senatorial District. And that from June 21, 2017, the time allowed the Commission by the Constitution of Nigeria to conclude the recall process will elapse on September 18, 2017. That it has issued a time table and schedule of activities for the recall exercise
But that the Court having made the said ex-parte order adjourned the suit “ to the 29th day of September, 2017 for hearing of the plaintiff’s motion on notice and the application for joinder.”
That the Commission was not heard before the interim order was made. That the plaintiff misrepresented and suppressed material facts in misleading the court to grant the ex- parte order.
The Commission said that the ex-parte order of interim injunction for the parties to maintain status quo “ as it stands “on 6th day of July, 2017 is in violation of the right to fair hearing under Section 36 (1) as well as infringement of one of the constitutional duties of the defendant/applicant as conferred on it by Sections 1 and 69 of the Constitution of the Federal Republic of Nigeria 1999.
Beside fair hearing, the Commission is arguing that the interim order ought not to have been made considering the nature of the claims sought in the substantive matter vis- a- vis the constitutional duty conferred on the commission to act within statutory time frame.
Section 69 of the Constitution of Federal Republic of Nigeria provide thus: “A member of the Senate or of the House of Representatives recalled as such a member if;
(a) “there is presented to the Chairman of the Independent Electoral Commission a petition in that behalf signed by more than half of the persons registered to vote in that member’s constituency their loss of confidence in that member ; and which signatures are duly verified by the Independent Electoral Commission “
(b) “The petition is therefore, in a referendum conducted by the Independent National Electoral Commission within ninety days of the receipt of the petition, approved by a simple majority of the persons registered to vote in that member’s constituency.”
INEC, therefore, pleaded with the judge that in view of the forgoing circumstances it is extremely urgent, and that the matter be heard during vacation.
