Melaye appeals to Supreme Court, asks INEC to stop recall process

Kogi West Senator, Dino Melaye, has urged the Supreme Court to
declare the petitions submitted to the Independent National
Electoral Commission seeking his recall as illegal.

The Senator in an appeal he filed against the March 16, 2018
judgment of the Abuja Division of the Court of Appeal, also urged
the apex court to declare the recall process as illegal.

Melaye had on Tuesday filed a seven-ground notice of appeal
against the judgment of the Court of Appeal which had dismissed his
suit instituted before the Federal High Court in Abuja to challenge
the validity of the process of his recall which commenced June last
year.

The Court of Appeal had in its March 16, 2018, judgment held
that contrary to Melaye’s contention, the 90 days provided by the
1999 Constitution for the recall process to be concluded had not
run out but had been paused since June 23, 2017 when he commenced
the suit before the Federal High Court, Abuja.

With the Court of Appeal’s dismissal of the suit, the
preconditions earlier given by the Federal High Court in Abuja for
INEC to fulfill before continuing the recall were set aside.

The appeal court’s judgment therefore paved the way for INEC to
continue the recall process which had been stalled by Melaye’s
suit.

Following the Court of Appeal’s judgment, INEC had announced
that the recall process would resume on April 28.

But on Tuesday, Melaye, through his lead counsel, Chief Mike
Ozekhome (SAN), filed his appeal against the judgment, contending
that the three Justices of the Court of Appeal who delivered the
unanimous judgment dismissing his suit erred in law.

Also on Wednesday, the senator filed a motion before the Court
of Appeal seeking the stay of execution of the court’s
judgment.

In his notice of appeal, apart from seeking the Supreme Court’s
order allowing his appeal, he also urged the apex court to, among
others, ”declare the petition purportedly presented to INEC for the
recall of the plaintiff/ appellant as illegal, unlawful, wrongful,
unconstitutional, invalid, null, void and of no effect
whatsoever.

He urged the court to, “Declare the recall processes purportedly
initiated against the plaintiff by INEC on the basis of the
petition for the recall of the plaintiff/appellant, as illegal,
unlawful, wrongful,unconstitutional, null, void and of no effect
whatsoever, same having been commenced and conducted on the basis
of an invalid petition;

Kogi West Senator, Dino Melaye, has urged the Supreme Court to
declare the petitions submitted to the Independent National
Electoral Commission seeking his recall as illegal.

The Senator in an appeal he filed against the March 16, 2018
judgment of the Abuja Division of the Court of Appeal, also urged
the apex court to declare the recall process as illegal.

Melaye had on Tuesday filed a seven-ground notice of appeal
against the judgment of the Court of Appeal which had dismissed his
suit instituted before the Federal High Court in Abuja to challenge
the validity of the process of his recall which commenced June last
year.

The Court of Appeal had in its March 16, 2018, judgment held
that contrary to Melaye’s contention, the 90 days provided by the
1999 Constitution for the recall process to be concluded had not
run out but had been paused since June 23, 2017 when he commenced
the suit before the Federal High Court, Abuja.

With the Court of Appeal’s dismissal of the suit, the
preconditions earlier given by the Federal High Court in Abuja for
INEC to fulfill before continuing the recall were set aside.

The appeal court’s judgment therefore paved the way for INEC to
continue the recall process which had been stalled by Melaye’s
suit.

Following the Court of Appeal’s judgment, INEC had announced
that the recall process would resume on April 28.

But on Tuesday, Melaye, through his lead counsel, Chief Mike
Ozekhome (SAN), filed his appeal against the judgment, contending
that the three Justices of the Court of Appeal who delivered the
unanimous judgment dismissing his suit erred in law.

Also on Wednesday, the senator filed a motion before the Court
of Appeal seeking the stay of execution of the court’s
judgment.

In his notice of appeal, apart from seeking the Supreme Court’s
order allowing his appeal, he also urged the apex court to, among
others, ”declare the petition purportedly presented to INEC for the
recall of the plaintiff/ appellant as illegal, unlawful, wrongful,
unconstitutional, invalid, null, void and of no effect
whatsoever.

He urged the court to, “Declare the recall processes purportedly
initiated against the plaintiff by INEC on the basis of the
petition for the recall of the plaintiff/appellant, as illegal,
unlawful, wrongful,unconstitutional, null, void and of no effect
whatsoever, same having been commenced and conducted on the basis
of an invalid petition;