A Federal High Court sitting in Lokoja, Kogi State, has vacated an ex-parte injunction previously granted to Senator Natasha Akpoti-Uduaghan on 20 March.

Justice Isa Dashen issued the order setting aside the injunction and further directed an accelerated hearing of the case.

On Thursday, the court had granted an interim injunction restraining the Independent National Electoral Commission (INEC), its staff, agents, privies, or assigns from receiving or acting on any petition signed by members of the Kogi Central Senatorial District. The ruling also stopped INEC from conducting a referendum on such a petition to initiate the recall process of Senator Akpoti-Uduaghan until a Motion on Notice was determined.

However, INEC’s counsel, M.r Abdullahi Aliyu (SAN), made an oral application requesting that the ex-parte injunction be set aside and sought an accelerated hearing of the case.

Aliyu argued that the Federal High Court lacks the jurisdiction to prevent a constitutional body like INEC from executing its statutory functions.

“I hereby make an oral application, pursuant to the ruling of the Court of Appeal in the case of EFCC v Bello, for the discharge of the interim injunction,” Aliyu stated. “Additionally, under Order 26, Rule 5(1) of the Federal High Court, we strongly request an accelerated hearing of the case.”

Opposing the application, Mr. West Idahosa (SAN), counsel for the applicants, argued that a constitutional duty could be restrained if allegations of illegality were raised.

“This is because every rule has an exception. More so, the Supreme Court has reaffirmed that where an allegation of illegality is presented before a court, the court must first determine its veracity,” Idahosa contended. “The plaintiffs in this matter have alleged forgery, supported by a valid affidavit before this honourable court.”

He further asserted that the court had the inherent power to ensure justice, as stipulated under Section 6(6) of the 1999 Constitution of the Federal Republic of Nigeria.

Following arguments from both sides, Justice Dashen ruled in favour of INEC’s application, vacating the interim order and directing an accelerated hearing of the case.

The matter was subsequently adjourned to 9 April for further proceedings.