The Federal High Court sitting in Lokoja has set aside an earlier ruling that restrained the Independent National Electoral Commission (INEC) from receiving the recall petition against Senator Natasha Akpoti-Uduaghan, representing Kogi Central Senatorial District.
In a landmark judgment delivered on Friday, the court affirmed that the recall process is constitutionally valid and aligns with the civic rights of the constituents. It also urged the constituents to exercise their rights in a peaceful and orderly manner.
Background of the Case
The recall process against Senator Akpoti-Uduaghan was initiated by registered voters from the Kogi Central Senatorial District, citing dissatisfaction with her performance. The process, which involves gathering signatures to demand a recall referendum, is provided for under Section 69 of the Nigerian Constitution.
However, on Thursday, March 20, the court had granted an interim injunction restraining INEC from receiving or processing any recall petitions. The court also barred INEC from conducting any referendum on the matter until the determination of a Motion on Notice.
Petitioners’ Allegations of Fictitious Signatures
The injunction was granted following an ex-parte motion filed by Anebe Jacob Ogirima and four others, who are registered voters in Kogi Central. In the affidavit supporting their application, the petitioners alleged that the recall petitions contained fictitious signatures.
Their counsel, Smart Nwachimere, argued that allowing INEC to proceed with the process would violate the constitutional rights of genuine voters and undermine the integrity of the electoral process.
Court’s Ruling on the Recall Process
Delivering the judgment on Friday, the Federal High Court overturned its earlier decision and ruled that the recall process is a constitutional right of the electorate. The court emphasized that as long as the process follows due legal procedure, it cannot be obstructed.
The judge further clarified that INEC could only be restrained from acting on petitions with proven irregularities, such as those containing fake signatures.
Next Steps in the Legal Process
The court adjourned the case to May 6, 2025, for further mention. This allows both parties to prepare for the next phase of the legal proceedings while INEC awaits further directives on how to proceed with the recall.
Conclusion
The ruling reaffirms the constitutional right of voters to recall their elected representatives if they are dissatisfied with their performance. This case could set a significant precedent for future recall efforts in Nigeria, reinforcing the power of constituents to hold their leaders accountable through lawful means.
