RECALL: Court Refuses Melaye's Application To Stop INEC

 

 

   RECALL: Court Refuses Melaye's 

               Application To Stop INEC

By Alade Ade

Justice John Tsoho, of Federal High Court setting at Abuja on Thursday 6th 2017, refused the ex-parte application of the Senator representing Kogi West Senatorial District, Deno Malaye to get a temporary injunction to prevent the Independent National Electoral Commission (INEC) from further action on the recall process against  the applicant.  

Senator Deno Malaye

As an alternative,  the court shielded the Senator by ordering both parties to "maintain status quo pending the hearing of the motion on notice.”

Consequent upon the ruling, the court adjourned till September 29 hearing of Melaye’s motion on notice and the applications filed by Chief Cornelius Olowo and two other individuals who applied to be joined in the suit.

Senator Deno Melaye, In the main suit, numbered FHC/ABJ/CS/587/2017 against the Independent National Electoral Commission (INEC) argued that the recall process is enshrouded with political vendetta and was a game plan of his political enemies.

                    

The Application demanded the court to void the recall process because it was commenced in breach of his fundamental right to fair hearing, to also declare the petition submitted to INEC Chairman as “illegal, unlawful, wrongful, unconstitutional, invalid, null, void and of no effect whatsoever.”

Denying any wrongdoing, he rather claimed to a target for his stand to identify with oppressed people of Kogi State and the state civil servants whom the state government have refused to be paid their salaries.

                          Kogi APC Sues INEC Over Attempt To Recall Melaye

Meanwhile, the Kogi State chapter of the All Progressive Congress (APC) and 12 others in another suit numbered FHC/ABJ/CS/601/2017, have also asked a Federal High Court sitting in Abuja to stop the Independent National Electoral Commission (INEC) from commencing the recall process of Senator Dino Melaye.

Other plaintiffs listed with the All Progressive Congress are Alhaji ‎Haddy Ametuo, Hon. Shaibu Osune, S.T Adejo, Comrade Yahaya Ade Ismail, Chief Gbenga Ashagun, Ahovi S. Ibrahim, Ghali ND Usman, Isa Abubakar, I. Molemodile, Abubakr M. Adamu and Daniel Sekpe, in the Originating Summons filed at the registry of the court on Tuesday 4th July 2017

 

The plaintiffs being represented by Solomon T. Ologunorisa SAN, pray the court to declare that the petition presented to the INEC Chairman for the recall of Melaye is illegal, unlawful, wrongful and of no effect whatsoever.

 

                                

                                                 

They also want the court to declare that the recall process initiated vide a purported petition against the their sponsored member of the Senate by some of his constituents pursuant to Section 69 of the 1999 Constitution is illegal, unlawful and of no effect whatsoever for being contrary and in contravention to the rules of natural justice and constitutionally guaranteed right to fair hearing under section 36 of the 1999 constitution. 

 

They are therefore seeking for an order of court ‎injunction restraining the INEC from commencing the process of recall of Melaye who is sponsored by the plaintiffs as member of the Senate.

The 12 plaintiffs also demand an injunction restraining the INEC from acting on the purported petition presented to it by some constituents of the plaintiffs,                        

The plaintiffs are also pray for an order stopping INEC from conducting any referendum based on the purported petition allegedly presented and signed by dead, fictitious and purported constituents.

 

 

Another prayer of the plaintiffs before the court, is to determine whether upon a proper interpretation of the provisions of Section 65(2) (b), 68(1) (g) and 69 of the 1999 Constitution, the 1st plaintiff’s sponsored member Senator Dino Melaye to the Senate is not entitled to a fair hearing before the process of his recall as contemplated by the provisions of the aforesaid section 69 of the 1999 constitution.

                                           

They also asked the court to determine whether by the provisions of Sections 68 and 69 of the 1999 constitution‎, Melaye , the plaintiff’s party’s sponsored member to the Senate can be validly recalled from the Senate upon an invalid petition presented to the chairman of INEC.

 

The plaintiffs further want the court to determine whether having regard to the provisions of section 69 of the 1999 constitution, INEC can commence validly the process of conducting referendum for the recall of the plaintiff’s member from the Senate in the absence of a valid and competent petition on the ground that the purported signatories to the alleged petition are either dead, fictitious, nonexistent persons from outside the Kogi West senatorial constituency.

 

A date is yet to be fixed for hearing.