Melaye’s Recall: Court Fixes New Date for Hearing

Another Federal High Court Judge, Justice Nnamdi Dimgba has been assigned the case involving Senator Dino Melaye and the Independent National Electoral Commission (INEC) in the recall process of the Senator representing Kogi West Senatorial District
On Thursday, Justice Dimgba fixed August 7, to hear the suit that stopped INEC from going ahead with the process of Melaye’s recall.
The suit which was originally adjourned till September 29 by another Federal High Court, Abuja, Justice John Tsoho, will now be heard on August 7.
Justice Tsoho on July 6 ordered all the parties involved in the recall process to maintain the status quo and adjourned until September 29 when trial would commence in the case.
Melaye had in the suit, prayed the court to declare the petition his constituents presented to INEC for his recall as illegal.
Dino had also prayed the court for a declaration that the petition forwarded to INEC was invalid and of no effect, alleging that it was signed by fictitious, dead and none existing persons
But on Thursday Justice Dimgba said he was reminded to exercise his discretion to hear the matter within the court’s vacation period.
INEC had through its lawyer, Sulayman Ibrahim, requested accelerated hearing of the suit during vacation.
The Commission said it was constrained under section 69 of the 1999 constitution, as amended, to conclude the recall process within 90 days. It earlier asked the court to vacate the interim order that stopped it from going ahead with the recall process.
INEC is challenging the legality of the restraining order that Justice Tsoho of the high court issued against it
Earlier when the matter was called, two sets of applicants, applied to be joined as interested parties in the matter.
Michael Olowolayemi, through his lawyer, Ponsak Biyan, applied to be joined as a co-plaintiff while three persons, Chief Olowo Cornelius John Anjorin and Mallam Yusuf Adamu, sought to be joined as co-defendants through their counsel, A. A. Adeniyi(SAN). Even though INEC initially opposed their application, it subsequently withdrew its counter-affidavit to enable the matter to be heard expeditiously.
INEC lawyer however described the interlocutory application as a deliberate ploy to delay hearing of the matter.

Author: News Editor

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