Justice John Tsoho of the Federal High Court sitting in Abuja On Thursday turned down the request by Senator Dino Melaye to stop the ongoing recall process by the Independent National Electoral Commission (INEC).
In a ruling on Thursday, Justice Tsoho rejected Melaye’s ex-parte motion seeking for a temporary injunction restraining the electoral body from proceeding with the recall process until the determination of suit challenging his recall.
The Judge, instead of granting the motion by the Senator representing Kogi West, Senatorial District in the Senate, argued by Chief Mike Ozekhome (SAN), ordered parties in the matter to, “maintain status quo pending the hearing of the motion on notice.”
The judge then adjourned till September 29, 2017 for hearing of Melaye’s motion on notice and applications filed by three individuals, led by Chief Cornelius Olowo, who applied to be made parties in the suit.
In the main suit marked: FHC/ABJ/CS/587/2017, with INEC as the only defendant, Melaye faulted the recall process, saying it was tainted with political malice and initiated by his political enemies.
The Senator denied any wrongdoing and claimed he was being targeted for standing up for the oppressed in Kogi State and the many workers who have not been paid salaries by the state government.
Melaye is praying the court to declare the petition submitted to INEC as “illegal, unlawful, wrongful, unconstitutional, invalid, null, void and of no effect whatsoever.”
He also wants the court to void the recall process because it was commenced in breach of his fundamental right to fair hearing.
Recalled that INEC, following collation of signatures had said that it will start the recall process of Senator Melaye on July 10, 2017.
The All Progressive Congress (APC), Kogi State chapter and 12 others had also, in a suitably asked the Federal High Court sitting in Abuja to stop INEC from commencing the recall process of Senator Dino Melaye from the Senate.
A date is yet to be fixed for the hearing of that suit as it has not be assigned to any Judge