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Court orders continuation of Melaye recall procees

11 September 2017

A suit filed by Kogi senator, Dino Melaye, challenging the process of recalling him from the Senate has been dismissed by a Federal High Court in Abuja.

INEC had set July 3 as the commencement date for the recall process after voters in Kogi West voted for the senator's recall.

This, according to Dimgba, is to address issues relating to fair hearing cited by the plaintiff.

Against this backdrop, the court had ordered INEC to halt the recall exercise, pending the determination of Melaye's application.

He held that Melaye and his party, the All Progressives Congress, APC, failed to exhaust the "domestic remedy" provided by the verification procedure, before they separately approached the court to stop the recall exercise.

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

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.

The court ordered that INEC should commence the verification exercise at least two weeks after it had served all the documents on Melaye to enable him to prepare his defence.

He said that although this wasn't expressly required by the constitution, it would be in the spirit of fair hearing to do so.

But the Justice Dimgba, to whom the case was reassigned, ordered that the process shall only proceed with the recall process, subject to the service of the petition, the full list and signatures of persons in support of the recall process.

"My great people of Kogi West Senatorial district of Kogi State, in the face of obvious persecution and appealable judgement of the Federal High Court, Abuja, today (Monday), let not your heart be troubled", he said.

The Senator had claimed that the 188, 588 signatures of his constituents submitted to INEC were forged.

Court orders continuation of Melaye recall procees