Recall: Melaye files appeal challenging court judgement

Senator for Kogi West, Dino Melaye, has appealed the judgment of
an Abuja Division of the Federal High Court which on Monday gave
the green light for the process for his recall from the senate.

The court, presided over by Nnamdi Dimgba, decided that the
Independent National Electoral Commission, INEC, acted within its
constitutional rights in commencing the process for Mr. Melaye’s
recall.

INEC had kicked off the process after receiving a petition
signed by over a half of the members from Mr. Melaye’s constituency
that they no longer wanted him as their senator.
The recall process was slated to begin in July, but was suspended
after Mr. Melaye asked the court to stop it.

Shortly after the court’s ruling on Monday, Mr. Melaye’s lawyer,
Mike Ozekhome (SAN) said he would file an appeal against parts of
the judgement.

In the suit containing eight grounds of appeal, dated September
13 and filed on Wednesday, Mr. Melaye is accusing the lower court
of ‘erring in law’, when it decided that INEC’s recall process is
valid.

According to the suit, Mr. Melaye is asking the Court of Appeal
to set aside the lower court’s ruling on the grounds that the
petition for his recall as presented before the court, was signed
by only three signatories, instead of the constitutionally required
number of more than half of the members of the constituency.

He added that the court asked INEC to produce the petition as
signed by all the reported signatories, but the commission did not
comply with the court order.

The lawyer is also alleging that the Federal High Court erred in
law when it decided that the 90-day benchmark for the referendum on
Mr. Melaye’s recall was paused in July and should continue from
September 11.

He asserts that the provision of the law regarding the 90 days
cannot be elongated unless by means of a constitutional
amendment.

Mr. Ozekhome is also asking that the decision of the lower court
be set aside on the ground that the ‘failure’ of INEC to produce
the signed petitions by all the members of the constituency as
alleged by the Commission, rendered it (the petitions) null and
void and should have been so regarded by the court.

The lawyer is also of the opinion that the lower court erred in
law when it decided that the members of Mr. Melaye’s constituency
and INEC are not bound by law to give fair hearing to the
senator.

Senator for Kogi West, Dino Melaye, has appealed the judgment of
an Abuja Division of the Federal High Court which on Monday gave
the green light for the process for his recall from the
senate.

The court, presided over by Nnamdi Dimgba, decided that the
Independent National Electoral Commission, INEC, acted within its
constitutional rights in commencing the process for Mr. Melaye’s
recall.

INEC had kicked off the process after receiving a petition
signed by over a half of the members from Mr. Melaye’s constituency
that they no longer wanted him as their senator.
The recall process was slated to begin in July, but was suspended
after Mr. Melaye asked the court to stop it.

Shortly after the court’s ruling on Monday, Mr. Melaye’s lawyer,
Mike Ozekhome (SAN) said he would file an appeal against parts of
the judgement.

In the suit containing eight grounds of appeal, dated September
13 and filed on Wednesday, Mr. Melaye is accusing the lower court
of ‘erring in law’, when it decided that INEC’s recall process is
valid.

According to the suit, Mr. Melaye is asking the Court of Appeal
to set aside the lower court’s ruling on the grounds that the
petition for his recall as presented before the court, was signed
by only three signatories, instead of the constitutionally required
number of more than half of the members of the constituency.

He added that the court asked INEC to produce the petition as
signed by all the reported signatories, but the commission did not
comply with the court order.

The lawyer is also alleging that the Federal High Court erred in
law when it decided that the 90-day benchmark for the referendum on
Mr. Melaye’s recall was paused in July and should continue from
September 11.

He asserts that the provision of the law regarding the 90 days
cannot be elongated unless by means of a constitutional
amendment.

Mr. Ozekhome is also asking that the decision of the lower court
be set aside on the ground that the ‘failure’ of INEC to produce
the signed petitions by all the members of the constituency as
alleged by the Commission, rendered it (the petitions) null and
void and should have been so regarded by the court.

The lawyer is also of the opinion that the lower court erred in
law when it decided that the members of Mr. Melaye’s constituency
and INEC are not bound by law to give fair hearing to the
senator.