By Friday Idachaba, Lokoja
FEDERAL High Court sitting in Lokoja, Kogi State has vacated its Ex-parte Injunction restraining the Independent National Electoral Commission (INEC) from receiving recall petition against Sen. Natasha Akpoti-Uduaghan on March 20.
Justice Isa Dashen of the Federal High Court, Lokoja who vacated the order he issued earlier on March 20, also ordered for the acceleration of the case before him.
Dashen had on Thursday granted an interim injunction restraining INEC, its staff, agents, privies or assigns from receiving, accepting or acting on any petition containing signatures of members of Kogi Central Senatorial District.
The court also stopped INEC from conducting any referendum upon such petition for the purpose of initiating a re-call process of Sen. Akpoti-Uduaghan as Senator of the Federal Republic of Nigeria pending the determination of the Motion on Notice to same effect.
But INEC, through its Counsel, Mr Abdullahi Aliyu (SAN), made an oral application for the setting aside of the exparte injunction granted Akpoti-Uduaghan and for an accelerated hearing of the case.
Aliyu argued that the Federal High Court by constitutional provisions, does not have the jurisdiction to stop a constitutional body like INEC from carrying out its constitutional function.
“I hereby make an oral application by virtue of the pronouncement made by Court of Appeal in the case between EFCC v Bello for the interim injunction to be discharged.
“Also, under Order 26 rule 5(1) of the Federal High Court, we strongly apply for the accelerated hearing of the case, ” he argued.
The Counsel for the applicants, Mr West Idahosa (SAN), objected to the application for the vacation of the interim injunction granted to Sen. Akpoti-Uduaghan.
Idahosa argued that when an illegality is raised by complainants as in the Plaintiffs’ case, a constitutional duty could be restrained.
“This is because every rule has an exception. More so the Supreme Court reaffirmed that when a case of illegality is brought before a court, the court will first look at it to be sure whether it is true.
“The plaintiffs in this matter said that there’s an illegality of forgery backed with a valid Affidavit before this honourable Court,” he said.
Idahosa said the court was inherent to do justice by provisions of Section 6(6) of the Constitution of the Federal Republic of Nigeria.
He, however, asked the court not to allow the application for vacation of the exparte injunction.
Justice Dashen in his ruling, after listening to both parties, granted the application and vacated the interim order and as well, ordered accelerated hearing of the case.
He adjourned the case to April 9, for hearing. (Ends)
