INEC asks court to vacate order halting Melaye’s recall

The Independent National Electoral Commission (INEC) on Thursday asked the federal high court, Abuja, to set aside an order, suspending the recall of Dino Melaye, lawmaker representing Kogi west senatorial district.

INEC commenced Melaye’s recall following the receipt of a petition from members of his constituency.

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, Mike Ozekhome (SAN), he submitted that the signatories in the petition were fake, fictitious and concocted.

In his ruling, John Tsoho, a judge, ordered parties to maintain status quo, pending the determination of the matter.

He adjourned hearing till September 29.

INEC, however, applied that the matter be heard before a vacation judge.

When the matter came up on Thursday, counsel to INEC, 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 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 the suit 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 a referendum in line with the approved time table and schedule of activities for the recall of the senator representing Kogi west senatorial district,” it read.

“The period of 90 days will elapse on September 18.”

The affidavit said 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 said 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, Nkem Okoro, opposed both applications, saying 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.

Nnamdi Dimgba, the vacation judge, adjourned the matter till July 27 for hearing.