THE Independent National Electoral Commission has been restrained by the Federal High Court, Abuja, from going ahead with the process of recalling Senator Dino Melaye from the Nigerian Senate.
The order was served to the electoral body this morning by the Mike Ozekhome, SAN, who is the lead counsel to Melaye. It was was given by Justice John Tosho restraining 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, all of which were fixed for September 29.
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.
The court document which is in possession of Realnews states:.”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 injuction”
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 head 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.
— Jul 10, 2017 @ 18:40 GMT