Melaye: Finally, INEC gets court summons

By Emeka Nze Abuja

After several controversies surrounding the attempt to recall Senator Dino Melaye by his constituents, the Independent National Electoral Commission, was at on Monday served the court summons challenging its decisions to initiate the recall process of the lawmaker. Melaye, who represents Kogi West Senatorial District in the National Assembly, has been battling to retain his seat, following the collation of signatures by his constituents for his recall. At the end of the referendum, the constituents stormed the INEC Headquarters, Abuja where they submitted the document, following which INEC commenced the process.

To stop the process, the governing All Progressives Congress, led by its Chairman, Haddy Ametuo and eleven others stormed the court on July 4, asking among others that the recall process be halted. Although a Federal High Court sitting in Abuja, asked that the process be put on hold pending further hearing, such decision was not communicated to INEC until July 17, as contained in a copy of the suit obtained by our correspondent. With the summons, INEC would have to stop the process for now pending further judicial pronouncement, having been properly summoned.

Other plaintiff s include; Shaibu Osune, S.T Adejo, Esq, Yahaya Ade Ismail, Gbenga Ashagun, Ahovi S. Ibrahim, Ghali ND Usman, Isa Abubakar, I. Molemodile, Abubakr M. Adamu and Daniel Sekpe. In the suit fi le marked, FHC/ ABJ/ CS/601/2017, the plaintiff s, through their counsel, Solomon T. Ologunorisa, are praying the court to declare that the petition presented to the INEC Chairman, Professor Mahmood Yakubu for the recall of Melaye was illegal, unlawful, wrongful and of no eff ect whatsoever. Th e plaintiff s also prayed the court to declare that the recall process initiated vide a purported petition against the their sponsored member of the Senate by some of his constituents pursuant to Section 69 of the 1999 Constitution “is illegal, unlawful and of no eff ect whatsoever for being contrary and in contravention to the rules of natural justice and constitutionally guaranteed right to fair hearing under section 36 of the 1999 Constitution.”

Th ey are, therefore, seeking an order of court injunction restraining the INEC from commencing the process of recall of Melaye who is sponsored by the plaintiff s as member of the Senate. In addition, the plaintiff s wanted the court to make an order of injunction restraining the INEC from acting on the purported petition presented to it by some constituents of the plaintiff s sponsored member representing Kogi West Senatorial District. Earlier, the plaintiff s had asked the court to determine whether upon a proper interpretation of the provisions of Section 65(2) (b), 68(1) (g) and 69 of the 1999 Constitution, the 1st plaintiff ’s sponsored member, Senator Dino Melaye, to the Senate was not entitled to a fair hearing before the process of his recall as contemplated by the provisions of the aforesaid section 69 of the 1999 constitution. Th ey also asked the court to determine whether by the provisions of Sections 68 and 69 of the 1999 Constitution, Melaye, the plaintiff ’s party’s sponsored member to the Senate can be validly recalled from the Senate upon an invalid petition presented to the chairman of INEC.

Th ey further wanted the court to determine whether having regard to the provisions of section 69 of the 1999 Constitution, INEC “can commence validly the process of conducting referendum for the recall of the plaintiff ’s member from the Senate in the absence of a valid and competent petition on the ground that the purported signatories to the alleged petition are either dead, fi ctitious, nonexistent persons from outside the Kogi West senatorial constituency.” Although the court ruled that all processes be put on hold, it is however yet to fi x a date for hearing into the matter.

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