Lokoja, Kogi State – The Federal High Court in Lokoja on Monday vacated its earlier interim injunction that barred the Independent National Electoral Commission (INEC) from processing a recall petition against Senator Natasha Akpoti-Uduaghan, representing Kogi Central.
Court Ruling
Presiding Judge Justice Isa Dashen reversed his March 20 ex-parte order, which had restrained INEC from accepting or acting on any petition for the senator’s recall. The court also directed an accelerated hearing of the substantive case, adjourning proceedings to April 9.
Legal Arguments
- INEC’s Position:
Represented by Abdullahi Aliyu (SAN), the electoral body argued that the court lacked jurisdiction to halt its constitutional duties, citing a precedent from the Court of Appeal (EFCC v. Bello). He also sought an expedited trial under Order 26 Rule 5(1) of the Federal High Court rules. - Senator’s Defense:
Her counsel, West Idahosa (SAN), contended that courts could intervene in cases of alleged illegality, referencing a Supreme Court ruling that permits judicial review when fraud is alleged. He maintained that the recall petition involved forged signatures, supported by a sworn affidavit.
What’s Next?
With the injunction lifted, INEC is now free to receive and review the recall petition, pending further court deliberations. The case’s outcome could set a significant precedent for legislative recall processes in Nigeria.
