THE Independent National Electoral Commission, INEC, has asked a  Federal High Court in Abuja, to vacate the interim order stopping the  process for the recall of Senator Dino Melaye.

Sulayman Ibrahim, counsel to INEC, queried the legal propriety of the restraining order that Justice John Tsoho of the high court issued against it on July 6.

The order restrained all the parties involved in the recall process to maintain their status quo until September 29, when the court will hear the originating summon Melaye filed to challenge his planned removal from the Senate.

Mike Ozekhome, SAN, counsel to Melaye obtained  the interim order following an ex-parte motion  lodged before the court temporarily stopping the recall process that was initially billed to commence on July 10.

But INEC on Thursday filed two separate motions before the high court.  The first motion stated that the status quo order by the court greatly hindered it from carrying out its statutory function. In a 16-paragraph affidavit in support of the motion on notice, INEC, argued that the court lacked the powers to stop it from initiating the recall process which was one of its time bound duties under section 69 of the 1999 constitution, as amended.

Also it stated that Melaye misrepresented and suppressed material facts and thereby misled the judge to issue an interim order of injunction in his favour.

The INEC told the court that it had on June 21, received a petition dated June 19, seeking Melaye’s recall from the Senate. It said upon the receipt of the petition, it accordingly published a time table and schedule of activities for the recall process in line with provisions of the law.

It lamented that the court had by its restraining order, a copy of which it said was served on it on July 10, tied its hands.

Also, the second motion prayed the court to order for accelerated hearing of the substantive and to order that the matter be heard and determined during the ongoing court vacation.

However,  Melaye, persuaded the vacation judge, Justice Nnamdi Dimgba, to grant him seven days to respond to INEC.

The case was adjourned to July 27 for hearing.

—  Jul 31, 2017 @ 01:00 GMT