Lawyers representing Senator Dino Melaye on Monday said they have served the Independent National Electoral Commission (INEC) with an order restraining it from continue with the senator’s recall from the Senate.
Melaye’s lead counsel, Chief Mike Ozekhome (SAN), told our correspondent that INEC was served with the order on Monday morning.
“The clear order was duly served on INEC this (Monday) morning.
“INEC, has therefore, been restrained by Justice John Tsoho from taking any steps on the matter of Senator Melaye’s recall till the hearing and determination of his motion on notice for interlocutory injunction against INEC.
“The application, along with another for joinder by some persons, was fixed for September 29, 2017,” he said.
Justice Tsoho made the order on July 6.
He granted an interim injunction restraining INEC or its agents from acting on a petition allegedly submitted by Melaye’s constituents, pending the hearing and determination of his motion on notice for interlocutory injunction.
The judge also barred INEC from commencing or further continuing with the process of recalling Melaye or acting on the petition pending hearing and determination of his motion on notice.
Justice Tsoho further restrained INEC from conducting any referendum based on the petition until Melaye’s motion on notice for interlocutory injunction is heard and determined.
“The suit is adjourned to the 29th of September, 2017 for hearing of the plaintiff’s motion on notice and the application for joinder,” Justice Tsoho added.