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 organization 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.
