A Federal High Court in Lokoja, Kogi State, has overturned the interim injunction granted to Senator Natasha Akpoti-Uduaghan, which had temporarily halted the recall process against her. The decision, delivered on Monday, 25th March 2025, also directed that the case be heard without delay.
Justice Isa Dashen had initially issued the injunction on Thursday, restraining the Independent National Electoral Commission (INEC) and its representatives from receiving or processing any petition containing signatures from constituents of Kogi Central Senatorial District. The order also barred the electoral body from conducting a referendum aimed at initiating the recall of Senator Akpoti-Uduaghan, pending the determination of the motion on notice.
However, INEC, represented by its counsel, Abdullahi Aliyu (SAN), made an oral application requesting that the court revoke the ex parte order and expedite the hearing of the case. Aliyu contended that the Federal High Court lacked the constitutional authority to prevent a body such as INEC from performing its statutory responsibilities.
“I hereby make an oral application by virtue of the pronouncement made by the Court of Appeal in the case between EFCC v Bello for the interim injunction to be discharged.
Also, under Order 26 rule 5(1) of the Federal High Court, we strongly apply for the accelerated hearing of the case,” he argued.
Opposing the request, the applicants' counsel, West Idahosa (SAN), insisted that a court had the power to halt a constitutional duty if a case of illegality was raised.
“This is because every rule has an exception. More so, the Supreme Court reaffirmed that when a case of illegality is brought before a court, the court will first look at it to be sure whether it’s true.
The plaintiffs in this matter said that there’s an illegality of forgery backed with a valid Affidavit before this honourable court,” he said.
Idahosa argued that the court, by virtue of Section 6(6) of the Nigerian Constitution, was obligated to ensure justice and urged the judge to reject INEC’s application.
After considering the arguments from both sides, Justice Dashen ruled in favour of INEC, lifting the interim order and granting the request for an expedited hearing of the case.
The matter has been adjourned to 9th April 2025 for further proceedings.