JUST IN: Court throws out Melaye’s suit

A Federal High Court in Abuja has dismissed the application by
Senator Dino Melaye challenging moves by the Independent National
Electoral Commission (INEC) to effect his recall.

Justice Nnamdi Dimgba on Monday held that all the complains made
by Melaye lacks merit and deserve to be dismissed.

On the complain of lack of fair hearing by the constituents
before forwarding the recall petition to INEC, lacks merit and
dismissed it.

Justice Dimgba ruled that the recall process is a political
question, which is beyond the court to deal with.
He said the constituents have no duty to the legislator a copy of
the recall petition against.

He said Melaye has the opportunity to campaign to the electorate
before the referendum to sell his achievements to them according to
the 90 days time table and schedule of activities set by INEC as
set out in Section 69 of the Constitution.

“The electorate voted the legislator into office; they gifted
him with the office, they also have the powers to take away that
which have been given,” he said.

The judge dismissed Melaye’s claim that the petition emanated
from malice, bad faith, vendetta and against the natural
justice.

He also dismissed the senator’s assertion that the the 188, 000
signatories to the petition contained those of non-existent, dead
and forged” was hasty since he has not exhausted the INEC
verification process for the signatories.

The judge described Melaye’s complain that officials of the
electoral umpire ought to swear to an oath of neutrality as
“premature” since it is not certain that a recall election will
hold.

The judge however ordered INEC to serve Melaye the recall
petition, schedule of signatures attached to the recall petition
and full list of all persons in support of the recall process in
jute bags before the verification exercise.

A Federal High Court in Abuja has dismissed the application by
Senator Dino Melaye challenging moves by the Independent National
Electoral Commission (INEC) to effect his recall.

Justice Nnamdi Dimgba on Monday held that all the complains made
by Melaye lacks merit and deserve to be dismissed.

On the complain of lack of fair hearing by the constituents
before forwarding the recall petition to INEC, lacks merit and
dismissed it.

Justice Dimgba ruled that the recall process is a political
question, which is beyond the court to deal with.
He said the constituents have no duty to the legislator a copy of
the recall petition against.

He said Melaye has the opportunity to campaign to the electorate
before the referendum to sell his achievements to them according to
the 90 days time table and schedule of activities set by INEC as
set out in Section 69 of the Constitution.

“The electorate voted the legislator into office; they gifted
him with the office, they also have the powers to take away that
which have been given,” he said.

The judge dismissed Melaye’s claim that the petition emanated
from malice, bad faith, vendetta and against the natural
justice.

He also dismissed the senator’s assertion that the the 188, 000
signatories to the petition contained those of non-existent, dead
and forged” was hasty since he has not exhausted the INEC
verification process for the signatories.

The judge described Melaye’s complain that officials of the
electoral umpire ought to swear to an oath of neutrality as
“premature” since it is not certain that a recall election will
hold.

The judge however ordered INEC to serve Melaye the recall
petition, schedule of signatures attached to the recall petition
and full list of all persons in support of the recall process in
jute bags before the verification exercise.