INEC asks court to lift order halting Dino Melaye’s recall


Image result for dino melaye
The Independent National Electoral Commission (INEC), on Thursday asked the Federal High Court, Abuja, to set aside an earlier order of the court, suspending the recall of Dino Melaye (APC-Kogi) from the Senate.

INEC commenced Mr. Melaye’s recall following the receipt of a petition from members of his constituency demanding that he be recalled.

Mr. 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.

Mr. Melaye had in the suit alleged irregularities and fraud in the petition.

In the application which was argued by his lawyer, Mike Ozekhome, he submitted that the signatories in the petition were fake, fictitious and concocted.

He added some of the signatures were of 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 until Sept. 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 further 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 said it was not heard before the ex-parte order was made.

It also said 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 referendum in line with the approved time table and schedule of activities for the recall of the senator representing Kogi West Senatorial District of Kogi.

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

The affidavit further stated that 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 further stated that 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, stating that 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.

Mr. Okoro asked the court for an adjournment to enable him prepare his reply.

The judge, Justice Nnamdi Dimgba, adjourned the matter until July 27 for hearing.(NAN)



Articles & Opinion,249,Boko Haram,199,Business,147,Crime,915,Education,34,Entertainment,3404,Fashion,5,feature,10,featured,574,General,3526,Health & Fitness,77,History,3,Ideal Builders,1,Metro News,1564,ne,1,News,7377,PhotoNews,453,Relationship,163,Religion,140,RIO OLYMPICS UPDATES,49,Sports,139,t,1,Technology,21,TodayInPlenary,25,Tragedy,10,Tweets,95,Videos,129,World News,1064,
Gist Arena: INEC asks court to lift order halting Dino Melaye’s recall
INEC asks court to lift order halting Dino Melaye’s recall
Gist Arena
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS CONTENT IS PREMIUM Please share to unlock Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy