The Independent National Electoral Commission has contacted the
office of the Chief Justice of Nigeria over the Abuja Federal High
Court order restraining the commission from continuing with the
recall process on the Senator representing the Kogi West Senatorial
District, Dino Melaye.
INEC National Commissioner, Prof. Okechukwu Ibeanu, said in a
statement on Saturday that the commission decided to draw the CJN’s
attention to the order in order to prevent a precedent that could
prevent the commission from carrying out its responsibility in the
future.
Ibeanu said that if the current order was allowed, it could put
the commission in a dangerous position to pursue a similar process
involving any other individual as such a person could go to court
to frustrate the process.
Ibeanu said that the commission took a decision to obey the
court which directed status quo to await the determination of the
motion on notice filed by the Counsel to Melaye, Chief Mike
Ozekhome, (SAN), in order not to be seen to be disobeying valid
court orders.
He said, “Deeply concerned by this situation, the commission at
its weekly regular meeting held on 13th July 2017, considered the
court order and its implication for the Commission’s ability to
carry out its constitutional function regarding the petition to
recall the Senator.
“After weighing all the options, the commission decided that as
a responsible organisation and in line with its longstanding
tradition, it should not be seen as disobeying a court order,
however inappropriate it may consider the order.
“However, in this particular case, the Commission also decided
to take immediate steps to vacate the court order and for the
matter to be heard and determined expeditiously. This is because
the court adjourned hearing of the Motion on Notice to 29th
September 2017.
“It should be noted that Section 69 of the 1999 Constitution of
the Federal Republic of Nigeria (as amended) sets a limit of 90
days from the date of the presentation of the petition (21st June
2017) for the exercise to be completed.”
He denied media reports that the commission halted the process
of the recall of Melaye as a result of the decision of the Senate
to probe the Tertiary Education Trust Fund, where the INEC
Chairman, Mahmud Yakubu, was executive Secretary 2007 to 2012.
Ibeanu described the reports linking the suspension of the
recall process to the Senate decision to probe contract scam in
TETFUND as “totally incorrect and mischievous.”
He said that the commission’s decision to commence the recall
process on Melaye in response to a request by voters of Kogi West
Senatorial District to initiate a recall process against
Melaye.
He recalled that “the decision of the commission to obey the
court order, pursue its timeouts vacation and lay a complaint about
the nature of the Federal High Court order to the Chief Justice of
the Federation cannot, in any way, mean a secession of the process
of recall of the Senator, which has already commenced.”
He restated the determination of the commission to carry out its
constitutional responsibility without fear or favour.
The Independent National Electoral Commission has contacted the
office of the Chief Justice of Nigeria over the Abuja Federal High
Court order restraining the commission from continuing with the
recall process on the Senator representing the Kogi West Senatorial
District, Dino Melaye.
INEC National Commissioner, Prof. Okechukwu Ibeanu, said in a
statement on Saturday that the commission decided to draw the CJN’s
attention to the order in order to prevent a precedent that could
prevent the commission from carrying out its responsibility in the
future.
Ibeanu said that if the current order was allowed, it could put
the commission in a dangerous position to pursue a similar process
involving any other individual as such a person could go to court
to frustrate the process.
Ibeanu said that the commission took a decision to obey the
court which directed status quo to await the determination of the
motion on notice filed by the Counsel to Melaye, Chief Mike
Ozekhome, (SAN), in order not to be seen to be disobeying valid
court orders.
He said, “Deeply concerned by this situation, the commission at
its weekly regular meeting held on 13th July 2017, considered the
court order and its implication for the Commission’s ability to
carry out its constitutional function regarding the petition to
recall the Senator.
“After weighing all the options, the commission decided that as
a responsible organisation and in line with its longstanding
tradition, it should not be seen as disobeying a court order,
however inappropriate it may consider the order.
“However, in this particular case, the Commission also decided
to take immediate steps to vacate the court order and for the
matter to be heard and determined expeditiously. This is because
the court adjourned hearing of the Motion on Notice to 29th
September 2017.
“It should be noted that Section 69 of the 1999 Constitution of
the Federal Republic of Nigeria (as amended) sets a limit of 90
days from the date of the presentation of the petition (21st June
2017) for the exercise to be completed.”
He denied media reports that the commission halted the process
of the recall of Melaye as a result of the decision of the Senate
to probe the Tertiary Education Trust Fund, where the INEC
Chairman, Mahmud Yakubu, was executive Secretary 2007 to 2012.
Ibeanu described the reports linking the suspension of the
recall process to the Senate decision to probe contract scam in
TETFUND as “totally incorrect and mischievous.”
He said that the commission’s decision to commence the recall
process on Melaye in response to a request by voters of Kogi West
Senatorial District to initiate a recall process against
Melaye.
He recalled that “the decision of the commission to obey the
court order, pursue its timeouts vacation and lay a complaint about
the nature of the Federal High Court order to the Chief Justice of
the Federation cannot, in any way, mean a secession of the process
of recall of the Senator, which has already commenced.”
He restated the determination of the commission to carry out its
constitutional responsibility without fear or favour.
Read more https://nairalaw.com/inec-petitions-cjn-over-court-order-halting-melayes-recall-process/