The three petitioners who instituted the petition against Kogi West Senator, Dino Melaye, seeking for his recall as a Senator representing the constituency at the National Assembly (Senate), has been granted leave by a Federal High Court sitting in Abuja to be joined as Defendants in the motion on notice brought by the Independent National Electoral Commission (INEC).
INEC had in a motion on notice brought before Justice Nnamdi Dimgba, prayed the court to set aside the order for maintenance of status quo, in the recall process which constitutionally is expected to be completed within 90 days of receipt of such petition.
However, at the resumption of the trial, it was brought to the notice of the court, two applications for joinder by one Micheal Olowolayemo, who claims to be a voter in the affected constituent as a plaintiff, and motion for joinder as defendants by Olowo Cornelius, John Anjorin and Yusuf Adamu (the petitioners).
Sulayman Ibrahim, counsel representing INEC did not oppose to the applications on the grounds that it wanted the matter to be settled within the shortest possible time, and in other to allow for fair hearing and the expeditious hearing of the suit, withdrawing the counter earlier filed against one of the applications for joinder.
Earlier, Nkem Okoro, counsel representing Melaye had argued before the court that there was no sense of urgency in the suit as claimed by INEC, insisting that they (INEC) never counter any of its averments in its counter affidavit.
Ibrahim in his argument for INEC, informed the court that the 90 days rule for the recall process is applicable even if the foundation is being questioned, “the 90 days rule is sacrosanct because it is the constitutional mandate on the receipt of a petition”.
Justice Dimgba however in a short ruling granted the application of INEC on the grounds that the court was a vacation court, as a such, the application was deserving to be heard, the court also granted applications for joinder, and urged parties to file their necessary papers before the next adjourned date.
The matter was subsequently adjourned to August 7, 2017 for hearing.
It will be recalled that Justice John Tsoho of the same court had issued an order asking for status quo to be maintained pending the hearing of a suit instituted by Melaye against INEC.
However, in the motion filed before Justice Dimgba, the electoral body claimed that the order for the status quo has hindered it from proceeding with the recall process of the Senator representing Kogi West Senatorial district in the Senate.
In a 16 paragraph affidavit in support of the motion on notice INEC claimed that the order made by Justice Tsoho is against the time band duty of INEC has enshrined under Section 69.
The affidavit claimed that Melaye misrepresented and suppressed material facts misleading the court or the judge to grant the order of interim injunction.
INEC claimed that it received a petition dated June 19 and received June 21, 2017 seeking the recall of Melaye and that consequence upon the receipt of the petition it has published time table and schedule of activities for the recall process.
The electoral body averred that since the exparte order was served on it on July 10, it has hindered it from taking any further action in respect of the recall petition.
Specifically the electorate body claimed that it has 90 days starting from June 21 to conduct referendum in line with the approved time table and schedule of action.
The electoral body also claimed that the recall process is time band and that the 90 day period for the exercise will lapse on September 18, 2017.
SEYI ANJORIN, Abuja
