Court directs accelerated hearing on Melaye’s recall suit

The vacation judge of the Federal High Court Abuja, Justice Nnamdi Dimgba, on Thursday, ordered an accelerated hearing of the suit seeking to stop the Independent National Electoral Commission (INEC), from proceeding with Senator Dino Melaye recall.

The judge also directed Chief Olowo Cornelius, John Ajorin and Mallam Yusuf Adamu, who brought application to be joined as co-defendants and Michael Olowoleyemo who is also seeking to be joined as co-plaintiff, to file all their papers in respect of the substantive suit before August 7, 2017 when the matter will be heard and determined.

When the matter came up yesterday, the judge asked Sulayman Ibrahim, the counsel representing (INEC), and Nkem Okoro, the counsel for Senator Melaye, to address the court on the motion praying the vacation judge to hear the matter.

In his submission, Ibrahim prayed the court to give the summons filed by Senator Melaye accelerated hearing because the 90 days allowed for the recall process to be completed is constitutionally bound. Then the judge asked the counsel if the foundation (that is the petitions) upon which the recall process was initiated were questionable and if the 90 days still stand. Ibrahim said the 90 days is sacrosanct.

On his part, Okoro said that his counter affidavit and averments were not denied by the defendant. He said that INEC who waited three weeks before responding to Melaye suit cannot suddenly turn round to demand that matter be treated with utmost urgency.
In a brief ruling, Justice Dimgba agreed with commission that the matter should be heard speedily and he granted the prayers as prayed.

But the court could not proceed to hear the substantive matter or INEC application seeking to vacate the interim exparte order restraining it from continuing with the recall processes as two lawyers Anthony Adeniyi and Ponsak Bigun had announced appearance for the parties to be joined.

While Adeniyi said that his clients the petitioners: Chief Olowo Cornelius, John Ajorin and Malam Yusuf Adamu have filed their joint application since 28, June 2017 , Bigun said he filed Olowoleyemo’s application yesterday.

Melaye’s counsel Okoro said he opposed both applications and insisted that he should be given seven days to respond to Michael Olowoleyemo application. The applicant is seeking to be joined as co-plaintiff.

Though INEC counsel who initially opposed the applications of the parties seeking to be joined had withdrew his objection, Okoro insisted on he need an adjournment to enable him respond.

Justice Dimgba adjourned the matter to August 7, 2017.

It should recalled that Senator Dino Melaye had filed the suit against INEC before Justice John Tsoho of the Federal High Court Abuja who granted an interim exparte order that restrained the commission from proceeding with recall processes it began in June this year following petitions for Melaye recall.

The Commission said that the Ex-parte Order of interim injunction for the parties to maintain status quo ” as it stand “on 6th day of July ,2017 is in violation of the right to fair hearing under Section 36 (1) as well as infringement of one of the constitution duties of the Defendant/Applicant as conferred on it by Sections 1 and 69 of the Constitution of the Federal Republic of Nigeria 1999.

Beside fair hearing , the Commission is arguing that the interim Order ought not to have been made considering the nature of the claims sought in the substantive matter vis- a- vis the constitutional duty conferred on the commission to act within statutory time frame.

The section 69 of the constitution of Federal Republic of Nigeria provide thus: A member of the Senate or of the House of Representatives recalled as such a member if; (a)”there is presented to the Chairman of the Independent Electoral Commission a petition in that behalf signed by more than half of the persons registered to vote in that member’s constituency their loss of confidence in that member ; and which signatures are duly verified by the Independent Electoral Commission ”

(b) “The petition is therefore,in a referendum conduct Independent National Electoral Commission within ninety date of receipt of the petition, approved by a simple majority of the persons registered to vote in that member’s constituency.”

Justice Dimgba yesterday agreed to hear the matter during vacation.