Thursday, 28 September 2017

Dino Melaye’s Recall Battle Moves to Appeal Court




The Federal High Court in Abuja advises that all issues pertaining to the case be taken to the Court of Appeal.

The ongoing scuffle between the Independent National Electral Commission and senator Dino Melaye had been moved to a new field

According to reports, Justice Nnamdi Dimgba struck out INEC’s motion for substituted service on Thursday, after the agency’s lawyer, Mr. Yunus Ustaz (SAN), withdrew the motion seeking an order of the Federal High Court in Abuja to allow it serve the recall petition on the Kogi West Senator, Dino Melaye, through substituted means rather than personal service.


Justice Dimgba also directed that all issues pertaining to the case should thereafter be taken to the Court of Appeal.

Justice Dimgba had on September 11 dismissed Melaye’s suit challenging the validity of the recall process, he further ruled that INEC proceed with the recall of the senator on the condition that the electoral body must serve the senator with the recall petition and accompanying documents, including the signatures of the constituents calling for his recall.

Dimgba stated that since the appeal on an earlier judgement had been entered at the Court of Appeal, all pending applications, including the stay of execution of the verdict filled by the counsel of Dino Melaye, should be taken to the Court of Appeal.

The Independent National Electoral Commission filed the ex parte motion on the 15th of September seeking substituted service of the recall petition on Melaye, following alleged refusal of senator to accept service of the petition and other accompanying documents as earlier ordered by the court on September 11

The counsel representing INEC further maintained on Thursday that Melaye had been “dodging” service, as an attempt by the INEC to serve Melaye during the Senate’s plenary session on Tuesday also failed.

Mr. Yunus urged the Federal High Court to hear the ex parte motion, but Mr. Nkem Okoro, who represented Senator Dino Melaye opposed the hearing on the grounds that the court no longer had jurisdiction to hear any application concerning the case since his client’s appeal against the September 11 judgment of the court had been “entered” at the Court of Appeal.

Mr. Yunus (INEC’s counsel) during the proceedings, withdrew the motion after the judge raised some questions about the propriety of the ex parte motion.

Justice Dimgba stated that the judgment having been delivered in the case filing an ex parte motion was not the appropriate means for enforcement of the judgment.

Yunus agreed with the judge and withdrew the motion after which the court struck it out.

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