By Chibuike Nwabuko
Abuja (Sundiata Post) – Federal high court sitting in Abuja has on Monday ordered the Independent National Electoral Commission, INEC, to halt further action on the recall process of Senator Dino Melaye from the red chamber.
Justice John Tosho of the Federal High Court restrained INEC from taking any steps on the matter of Senator Melaye’s recall till hearing and determination of his motion on notice for interlocutory injunction against the electoral umpire and another application for joinder by some persons.
The hearing on notice for all the matters has been fixed for September 29.
Lead counsel to Senator Dino Melaye, Mike Ozekheme, SAN, served the Independent National Electoral Commission, INEC, the court order at the early hours of Monday, 10th July 2017.
Specifically, the court ordered that the parties in this suit maintain the status quo as it stands on July 6, 2017, pending the determination of the plaintiff’s motion on notice.
According to Realnews which is in possession of court document, the court oder reads: “That the plaintiff shall file an undertaking to pay damages to the defendant (INEC) as would be assessed by the Court if it turns out that this order ought not have been made.”
The motion exparte dated and filed on the 28/6/2017 prayed for “an interim injunction restraining defendant, whether by itself, staff, employees, agents, servants and or privies howsoever called, from acting on, the petition allegedly submitted to it by the constituents of the plaintiff/applicant pending the hearing and determination of motion on notice for interlocutory injunction”
The order of interim injunction restrained the “defendant, whether, by itself, staff, employees, agents, servants and or privies howsoever called from commencing or further continuing acting on the process of recall of the plaintiff, pending the hearing and determination of the motion on notice for interlocutory injunction.”
It also restrained the defendant whether by itself, staff, employees, agents, servants and or privies, howsoever called, from commencing or further continuing with the process of acting on the purported petition presented to it by the plaintiff’s constituents pending the hearing and determination of the motion on notice.
The affidavit in support of motion was “sworn to by Usman Salihu, Male, Adult, Muslim, Nigerian Citizen of Ukwe Court, No. 27, Jesse jackson Street, Asokoro Extension, abuja, filed a this court’s registry with Exhibits DMI – DM10 attached thereto and the written address signed by Nkem Okoro Esq”.
The order which was signed by Felix A. udofia, registrar, was granted after the court heard arguments form Ozekhome, SAN who appeared before the judge accompanied by Nkem Okoro, Kasiemobi Orabugo, Justin Omogbemeh and Oluchi Uche Vivian on behalf of Melaye to move the application.
Sundiata Post recalls that the electorate from Kogi-West Senatorial District have filed a petition to INEC for the recall of their representative (Senator Dino Melaye) from the senate. He was accused of not having even a constituency office in his senatorial district among other things.