At a Federal High Court in Abuja yesterday, the Independent National Electoral Commission (INEC), has asked the court to lift the interim order preventing the recall process of Senator Dino Melaye to continue.
INEC, through its lawyer, Mr. Sulayman Ibrahim, queried the legal propriety of the restraining order that Justice John Tsoho of the high court issued against it on July 6 which said that all parties should maintain status quo.
The interim order followed an ex-parte motion Melaye filed before the court through his lawyer, Chief Mike Ozekhome (SAN).
INEC, however, filed two separate motions before the high court yesterday.
In the first motion, the electoral commission, submitted that the status quo order by the court, greatly hindered it from carrying out its statutory function.
INEC, in a 16-paragraph affidavit in support of the motion on notice, contended that the court lacked the powers to stop it from initiating the recall process it said was one of its duties that has a time frame under section 69 of the 1999 constitution, as amended.
Also, the commission alleged that Melaye misrepresented and suppressed material facts and thereby misled the judge to issue an interim order of injunction in his favour.
INEC decried that the court had by its restraining order, a copy of which it said was served on it on July 10, tied its hands.
In a second motion, INEC asked the court to order for accelerated hearing of the substantive suit and that the court should ensure that the matter be heard and determined during the ongoing court vacation.
In his response, Melaye, yesterday persuaded the vacation judge, Justice Nnamdi Dimgba, to grant him seven days to respond to INEC, while Justice Dimgba adjourned hearing of the motions till July 27.
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