By Peter Onyekachukwu, KOGI
KOGI: A Federal High Court sitting in Lokoja, Kogi State, has vacated an earlier order stopping the Independent National Electoral Commission (INEC) from receiving a petition seeking the recall of Senator Natasha Akpoti-Uduaghan.
Presiding over the case on Monday, Justice Isa Dashen ruled to set aside the ex-parte injunction granted to the senator on March 20. The judge also directed an accelerated hearing of the substantive suit.
Last Thursday, the court had restrained INEC from accepting or acting on any petition containing signatures from Kogi Central Senatorial District, effectively halting any referendum on the recall process. However, INEC’s counsel, Abdullahi Aliyu (SAN), argued that the court lacked jurisdiction to prevent the electoral body from performing its constitutional duties.
“I hereby make an oral application by virtue of the pronouncement made by the Court of Appeal in the case between EFCC v. Bello for the interim injunction to be discharged,” Aliyu submitted.
He further cited Order 26, Rule 5(1) of the Federal High Court, urging the court to fast-track proceedings.
Opposing the application, the senator’s counsel, West Idahosa (SAN), maintained that the recall process was tainted by allegations of forgery, which should be examined by the court before any further action.
“The plaintiffs in this matter have raised the issue of illegality, backed with a valid affidavit. The court must first establish whether this claim is true before taking any further step,” Idahosa argued.
After listening to both parties, Justice Dashen ruled in favor of INEC, lifting the restriction and ordering an accelerated hearing of the case. The matter was adjourned to April 9 for further proceedings.