Nigeria’s Court vacates order restraining INEC from receiving petition for Sen. Natasha’s recall; INEC receives Kogi Central Senatorial District recall petition

Nigeria’s Independent National Electoral Commission has finally received the petition of constituents of Kogi Central Senatorial District for the recall of the suspended Senator representing the District in the National Assembly.

The petition was submitted Monday, March 24, 2025 with over 250,000 constituents’ signatures, out of about 480,000 registered voters in Kogi Central, which meets INEC’s requirement of 50 per cent plus one.

The petition, presented by Ms. Charity Ijese, on behalf of the constituents, was received at INEC office in Abuja, the state capital, on Monday morning and stamped accordingly.

In their petition, titled, “Constituents’ Petition for the Recall of Senator Natasha Akpoti-Uduaghan on Grounds of Loss of Confidence”, the constituents said, “We, the undersigned, being duly registered voters of the Kogi Central Senatorial District, hereby invoke our rights under the laws of the Federal Republic of Nigeria to formally demand the recall of Senator Natasha Akpoti-Uduaghan from the Nigerian Senate.

“In particular, this petition for the recall of Senator Natasha Akpoti-Uduaghan is brought pursuant to Section 69 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), as well as INEC’s Regulations and Guidelines for Recall Petitions.”

They affirmed that Akpoti-Uduaghan emerged by virtue of an appeal court decision in October, 2024 but said the petition arose as a result of their loss of confidence in her representation.

“This petition arises from our loss of confidence in the Senator on the grounds of gross misconduct, abuse of office, evasion of due process, and a pattern of deceitful behaviour that has not only embarrassed the people of Kogi Central but has also tarnished the integrity of the Nigerian Senate and our nation’s democratic institutions.

“By this petition, which we have made sure is signed by more than half of the registered voters in Kogi Central, we hereby demand that the Independent National Electoral Commission (INEC) immediately commence the constitutional and procedural process of recall to remove Senator Natasha Akpoti-Uduaghan from office and declare her seat vacant,” the constituents said.

While addressing the media after the submission of the petition, Ijese, flanked by many other constituents, affirmed their determination to see the recall process through.

Meanwhile, prior submission of the recall petition, the Federal High Court sitting in Lokoja on Monday vacated the Ex-parte Injunction earlier granted to Sen. Natasha Akpoti-Uduaghan on March 20, 2025.

NAN reports that Justice Isa Dashen of the Federal High Court, who gave the order setting aside the injunction he granted, also ordered for the acceleration of the case before him.

Recall Dashen had on Thursday granted an interim injunction restraining INEC, its staff, agents, privies or assigns from receiving, accepting or acting on any petition containing signatures of members of Kogi Central Senatorial District.

The court also stopped INEC from conducting any referendum upon such petition for the purpose of initiating a re-call process of Sen. Natasha Akpoti-Uduaghan as Senator of the Federal Republic of Nigeria pending the determination of the Motion on Notice to the same effect.

But INEC, through its Counsel, Mr Abdullahi Aliyu (SAN), made an oral application for the setting aside of the exparte injunction granted her and for an accelerated hearing of the case.

Aliyu argued that the Federal High Court by provisions in the constitution does not have the jurisdiction to stop a constitutional body like INEC from carrying out its constitutional function.

“I hereby make an oral application by virtue of the pronouncement made by Court of Appeal in the case between EFCC v Bello for the interim injunction 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.

The Counsel for the applicants, Mr West Idahosa (SAN), objected to the application for the vacation of the interim injunction granted to Sen. Akpoti-Uduaghan.

Idahosa argued that when an illegality is raised by complainants as in the Plaintiffs of the case, a constitutional duty could be restrained.

“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 said the court was inherent to do justice by provisions of Section 6(6) of the Constitution of the Federal Republic of Nigeria.

He, however, asked the court not to allow the application for vacation of the institution.

Justice Dashen in his ruling, after listening to both parties, granted the application and vacated the interim order as well as ordered for the acceleration hearing of the case while adjourning for hearing to April 9, 2025.