Recall: Melaye Suffers Defeat In Court
The Federal High Court, Abuja, on Monday approved the decision of the Independent National Electoral Commission (INEC), to proceed with its planned recall of Senator Dino Melaye (APC-Kogi) from the National Assembly.
Justice Nnamdi Dimgba gave INEC the permission to go ahead with the process, after he dismissed Melaye’s suit for lacking merit.
Dimgba, in his judgment, premised his opinion on the grounds that Melaye was hasty to run to the court and that he should have explored and exhausted the internal mechanisms provided by the 1999 Constitution.
According to the judge, “Melaye’s complaints are hasty, premature and presumptuous.’’
He therefore ordered INEC to go ahead with its planned verification of signatures contained in the petition.
The judge, however, ordered INEC to furnish Melaye with a copy of the petition it received, a schedule of the signatories and a full list of persons in support of the recall petition.
Calling on INEC to make available copies of of the petition written by Melaye’s constituents, he said those who wrote the recall petition against the lawmaker were not under any duty to serve him with a copy of the petition.
According to the judge, “I do not believe that the petitioners have the duty to serve the plaintiff with a copy of the petition. The duty of the constituents is to write and submit their petition to the electoral body.
“There is no provision in Sections 68 and 69 of the Constitution that provides the scope for the writers of the petition to inform the plaintiff of plans to recall him or for him to come and clear himself of allegations levelled against him.
The trial judge held that the only option available for Melaye, was for him to go through the verification process to be conducted by INEC.
He further held that it was only when Melaye noticed any infraction, fake signatures or names of dead persons during the verification exercise that he could approach the court to seek redress.
Melaye had filed a suit seeking to stop INEC from recalling him from the Senate following a petition it received from the constituents of Kogi West Senatorial District, which Melaye represents.
