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Jibril Aminu Drags INEC to Court over Recall
From Lillian Okenwa in Abuja, 11.29.2004
Senator Jibril Aminu, Adamawa Central Senato-rial District has filed an action at a Federal High Court, Abuja asking the Chair-man of Independent National Electoral Commission (INEC), retraining it from taking any action related to his recall as Senator in the National Assembly. Aminu, in a motion on notice filed by his lawyer, Alhaji Mustapha Bashir Wali, said he was informed about press conference in Yola where the Adamawa State Government Commissioners and Special Advisers purporting to be doing so as Chairmen of Peoples Democratic Party (PDP) and leaders of Adamawa Senatorial district vowed to recall him as Senator. Wali said the reasons given at the said press conference was that during his campaign tour seeking to be elected as Senator, he failed to appeal to the electorate to vote for President Olusegun Obasanjo, his Vice, Alhaji Atiku Abubakar and Governor Boni Haruna of Adamawa State. He alleged that on October 2, certain persons purporting to be leaders of PDP in Adamawa Central Senatorial District attempted to collect signatures with a view to super-imposing them on some contemplated petition for his recall but that the people refused to turn up as reported in the media. Consequently, the Senator is asking the Court to make the following declarations: •a declaration that the way and manner for initiating and presenting a petition for the recall of a member of the National Assembly is governed by the provisions of the Constitution of the Federal Republic of Nigeria 1999 especially section 69 thereof. •a declaration that the 2nd defendant i.e. Independent National Electoral Commission cannot prescribe guidelines for the presentation of a petition for the recall of a member of the National Assembly outside the conditions or provisions stipulated by, or in conflict with the Constitution of the Federal Republic of Nigeria 1999 or the doctrine of audi alteram partem. A declaration that sections 1(1), 3(1), 12(1) of the Guidelines are in conflict with or inconsistent with the clear provisions of the 1999 Constitution and therefore void in themselves and renders the whole Guidelines void. •a declaration that the alleged petition headed: Petition for the Recall of Professor Jibril Aminu the Senator Representing Adamawa Central Senatorial District of Adamawa State from the Senate of the Federal Republic of Nigeria, dated November 2, is null and void and of no effect whatsoever having regard to the general law and the provision of section 69 of the Constitution of the Federal Republic of Nigeria 1999, stipulating the way and manner in which a petition for the recall of a member of the National Assembly may be initiated or presented. •a perpetual injunction restraining the 2nd defendant, its servants, agents, officers, representatives or privies, from any or further publication, checking, cross checking, controlling or supervising of any publication, the conduct or preparation for the conduct of any referendum, poll, or elections however, in connection with or purporting to be connected with any recall of the plaintiff as Senator in the National Assembly of the Federal Republic of Nigeria, representing Adamawa Central Senatorial District, or doing anything directly or incidentally connected therewith, on the basis of the alleged petition for recall of the plaintiff, dated November 2 and/or conducted pursuant to the provisions contained in the Guidelines for the Recall of a Member of the National Assembly or House of Assembly of a State issued by the 2nd defendant (INEC). •any other order(s) which this honourable Court may deem fit to make in the circumstance.
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