By Hassanat Adebowale
A Federal High Court in Lokoja has issued an interim order preventing the Independent National Electoral Commission (INEC) from accepting any petition aimed at initiating a recall process against Senator Natasha Akpoti-Uduaghan, who represents Kogi Central Senatorial District.
Justice Isa Dashen granted the order on Friday after hearing an application filed by Mr. Smart Nwachimere of West-Idahosa, SAN & Co, on behalf of the applicants. The applicants, Anebe Jacob Ogirma, John Adebosi, Musa Adeiza, Ahmed Usman, and Maleek Yahaya, are registered voters and constituents of Kogi Central Senatorial District.
The applicants had asked the court to restrain INEC from receiving any recall petition until a Motion on Notice seeking the same relief is determined. Their ex-parte application was supported by an affidavit of extreme urgency, sworn to by Anebe Ogirma on behalf of the group.
Justice Dashen, after reviewing the application, granted the interim injunction and directed that the court order and Motion on Notice be served on INEC. The judge also set May 6 as the date for reporting the service of the court order and further mention of the case.
This development comes amid reports that some constituents in Kogi Central Senatorial District had begun collecting signatures from registered voters across the district’s local government areas as part of a recall effort against Akpoti-Uduaghan.
GI’s Legal Corner
Nigeria’s Constitution lays out a clear process for recalling elected officials, but courts have repeatedly stressed that this process must be free from coercion, irregularities, or any procedural violations. Similarly, the Electoral Act (as amended) specifies the steps INEC must follow to ensure that recall petitions comply with legal requirements.
Justice Dashen’s ruling highlights the critical role of the judiciary in resolving disputes over the interpretation and application of electoral laws. The upcoming court proceedings in May are expected to shed more light on whether INEC can move forward with the recall process or if additional legal barriers will be imposed.
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