By Our Correspondent, Lokoja
A Federal High Court in Lokoja, Kogi State, has vacated its earlier ex-parte order restraining the Independent National Electoral Commission (INEC) from receiving and acting on a recall petition against Senator Natasha Akpoti-Uduaghan.
Justice Isa Dashen, who presided over the matter on Monday, set aside the interim injunction he had granted on March 20 and ordered an accelerated hearing of the substantive case.
Our correspondent recalls that on March 21, the court had issued an order barring INEC, its agents, or assigns from accepting or processing any petition containing signatures from members of Kogi Central Senatorial District aimed at recalling the senator.
It also halted any referendum that could facilitate the recall process pending the determination of the Motion on Notice.
However, INEC’s counsel, Abdullahi Aliyu (SAN), made an oral application urging the court to discharge the ex-parte injunction, arguing that the Federal High Court lacked the jurisdiction to stop a constitutional body from performing its statutory duties.
Citing the Court of Appeal decision in EFCC v. Bello, Aliyu contended that INEC’s constitutional responsibilities could not be curtailed by an interim order.
He also relied on Order 26 Rule 5(1) of the Federal High Court Rules to request an expedited hearing of the case.
Opposing the application, Sen. Akpoti-Uduaghan’s counsel, West Idahosa (SAN), argued that the court could intervene when an allegation of illegality is raised.
He maintained that a valid affidavit before the court alleged forgery, making judicial intervention necessary under Section 6(6) of the 1999 Constitution.
After considering submissions from both parties, Justice Dashen granted INEC’s application, vacated the interim order, and directed an accelerated hearing of the case.
The matter was adjourned to April 9 for further proceedings.
Edited by Dada Ahmed.
