L
LequteMan
Guest
From the look of things, the recall process of Dino Melaye from the senate by INEC will proceed unhindered, despite an Abuja High court judgement ordering that "status quo" be maintained.
Senator Melaye had dragged INEC to court over the issue, claiming that the signatures which kickstarted the process weren't real. He'd also interpreted the court judgement as a victory for himself, pending when the case would be heard in September. The verification exercise is scheduled to hold in August.
INEC on Monday announced that it had received the court judgement and that it is yet to study it.
“We have a copy of the court ruling now, so we have to study it and make a decision, and that will take a while,” INEC spokesman Rotimi Oyekanmis said.
This is going to take considerable time.
In addition, a source at the Nation said the court is powerless to stop the recall process.
“If you look at the provision of Section 87(10) of the Electoral Act, 2010(As amended), which is applicable in this instance, INEC cannot be stopped from doing its work of conducting election in any manner whatsoever.
“The provision of Section 110 of the 1999 Constitution is actually explicit on the recall. As an institution, INEC has nothing against Melaye or any lawmaker. We are expected to follow the constitution and the Electoral Act. Implementing a recall process is not a suicide mission for any lawmaker. If a lawmaker has the backing of his or her constituents, the recall process will be dead on arrival.”
In addition to this, Mallam Mohammed Haruna, National Commissioner of INEC in charge of North-Central, said: INEC has "Court of Appeal judgement on why court cannot stop the process. This judgment is dated back to 2001.
“Since there is a subsisting Court of Appeal judgment, we will abide by it.”
Senator Melaye had dragged INEC to court over the issue, claiming that the signatures which kickstarted the process weren't real. He'd also interpreted the court judgement as a victory for himself, pending when the case would be heard in September. The verification exercise is scheduled to hold in August.
INEC on Monday announced that it had received the court judgement and that it is yet to study it.
“We have a copy of the court ruling now, so we have to study it and make a decision, and that will take a while,” INEC spokesman Rotimi Oyekanmis said.
This is going to take considerable time.
In addition, a source at the Nation said the court is powerless to stop the recall process.
“If you look at the provision of Section 87(10) of the Electoral Act, 2010(As amended), which is applicable in this instance, INEC cannot be stopped from doing its work of conducting election in any manner whatsoever.
“The provision of Section 110 of the 1999 Constitution is actually explicit on the recall. As an institution, INEC has nothing against Melaye or any lawmaker. We are expected to follow the constitution and the Electoral Act. Implementing a recall process is not a suicide mission for any lawmaker. If a lawmaker has the backing of his or her constituents, the recall process will be dead on arrival.”
In addition to this, Mallam Mohammed Haruna, National Commissioner of INEC in charge of North-Central, said: INEC has "Court of Appeal judgement on why court cannot stop the process. This judgment is dated back to 2001.
“Since there is a subsisting Court of Appeal judgment, we will abide by it.”
