Independent National Electoral Commission (INEC) on Thursday asked the Federal High Court, Abuja, to set aside an earlier order, suspending the recall of Sen. Dino Melaye (APC-Kogi).
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 to challenge his recall.
The senator had in the suit alleged irregularities and fraud in the petition.
In the application which was argued by his lawyer, Mr. Mike Ozekhome (SAN), Melaye submitted that the signatories in the petition were fake, fictitious and concocted.
He added that some of the signatures were for 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 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, 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 told the court about another application, seeking accelerated hearing of the matter during vacation.
In the application seeking the vacation of the ex-parte order, INEC argued that the order violated its right to fair hearing as enshrined in Section 36 of the 1999 Constitution.
The Commission said the order was against its time-bound constitutional duty, which is the time frame stipulated by law to carry out a recall.(NAN)
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