INEC, MELAYE RECALL SAGA: Judge hands off, pushes it to Appeal Court

Matters involving the Independent National Electoral Commission (INEC) and Senator Dino Melaye over his recall process have landed at the Appeal Court.

This was as a judge of the Federal High Court, Abuja, Justice Nnamdi Dimgba, on Thursday directed that all issues in respect to Senator Melaye versus INEC should be taken to the Court of Appeal.

According to Justice Dimgba, since the senator’s appeal against the court ’s September 11 judgment had been entered at the Court of Appeal, all pending applications, including the ones filed by Melaye for stay of execution of the verdict, should be taken to the Court of Appeal.

The ruling came after INEC on Thursday withdrew its motion seeking an order of the Federal High Court to allow it to serve the recall petition on the Kogi West Senator, through substituted means rather than personal service.

INEC had filed the ex parte motion praying substituted service of the recall petition on Melaye. The motion which was filed on September 15, was sequel to alleged refusal of Melaye to accept service of the petition and other accompanying documents as earlier ordered by the court in its September 11 judgment.

However, after INEC’s lawyer, Yunus Ustaz (SAN ), announced the withdrawal of the case, Justice Dimgba struck out the motion and thereafter directed that all matters on the case be taken to the Court of Appeal.

Before his eventual withdrawal of the ex parte motion, INEC lawyer, Ustaz, had told the court that Melaye had continued “dodging” service, as an effort by the INEC to serve Melaye during the Senate’s plenary on Tuesday also failed.

He had prayed Justice Dimgba to hear the motion. He was however opposed by Melaye’s counsel, Nkem Okoro, who argued that the hearing should not proceed because the court no longer had jurisdiction to hear any application concerning the case.

His argument was that his client’s appeal against the September 11 judgment of the court had been “entered” at the Court of Appeal.

Following some questions raised by Justice Dimgba, counsel to INEC later withdrew the motion.

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The judge had questioned the propriety of the ex parte motion after the court had finally disposed of the case by delivering judgment on September 11. He had further pointed out that Order 6 of the Federal High Court Rules based on which INEC filed the ex parte motion presupposed that there was a pending case.

According to Dimgba, having passed judgment on the matter, filing an ex parte motion was not the appropriate means for enforcement of the judgment.

Recall that Justice Dimgba in his ruling on the case on September 11, had dismissed Melaye’s suit challenging the validity of the recall process. It also ruled that as a pre-condition for the exercise to commence, that INEC must serve the senator with the recall petition and accompanying documents, including the signatures of the constituents demanding for Melaye’s recall.

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