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19 Jul 2017

Drama in High Court as APC Sues INEC Over Insistence on the Recall of Dino Melaye

The Independent National Electoral Commission has been dragged before a Federal High Court in Lagos by the leadership of the All Progressives Congress.
Senator Dino Melaye
The Kogi State Chapter of the All Progressives Congress (APC), has dragged the Independent National Electoral Commission (INEC), before a Federal High Court sitting in Lagos over the Commission’s insistence on the recall of Senator representing Kogi West, Dino Melaye.

The leadership of the party in the state is challenging the recall of Melaye without affording him fair hearing.

Plaintiff in the case are, the Chairman of the state arm of the party, Alhaji Haddy Ametuo, and other principal officers: Shaibu Osune, S.T. Adejo, Yahaya Ismail, Isah Daniel, Chief Gbenga Asagun, Ahovi Ibrahim, Ghali Usman, Isa Abubakar, I.Molemodile, Abubakar Adamu and Daniel Sekpe.

The plaintiffs are praying the court to determine: “Whether upon a proper interpretation of the provisions of Sections 65 (2) (b), 68 (1) (g) and 69 of the 1999 Constitution (as amended), the first plaintiff’s sponsored member, Senator Melaye, to the Senate is 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 (as amended) is initiated or commenced. Sen. Dino Melaye

“Whether by the provisions of Sections 68 and 69 of the 1999 Constitution (as amended), Senator Melaye, the plaintiffs party’s sponsored member to the Senate can be validly recalled from the Senate upon an invalid petition presented to the chairman of INEC.

“Whether the process of recall of Senator Melaye by a sponsored member of the plaintiffs party as envisaged by the provisions of section 69 of the 1999 constitution (as amended) can be valid and proper based upon a petition purportedly signed by fictitious persons, dead persons, persons who are not members of Kogi West senatorial district or constituency and with the same and similar hand writing belonging to a few persons.

“Whether in the face of a shortfall or less the number of the registered and qualified voters who allegedly signed the petition in contrast to the provisions of the section 69 (a) of the constitution, the process of recall of Senator Melaye can validly and properly be commenced under the provisions of section 69 of the 1999 constitution (as amended).”

They are also praying the court to declare the petition presented to INEC for the recall of Senator Melaye as illegal, unlawful, wrongful, unconstitutional, null, void and of no effect whatsoever.

“A declaration that the recall process initiated vide a purported petition against the plaintiffs sponsored senator by some of his constituents pursuant to section 69 of the 1999 constitution ( as amended) is illegal, unlawful, wrongful, unconstitutional, null, void and of no effect whatsoever for being contrary and in contravention of the rules of natural justice and constitutionally guaranteed right to fair hearing under section 36 of the 1999 constitution (as amended).

“An order of injunction restraining INEC acting by itself or through its servants, employees, agents and privies from commencing or continuing or completing the process of recall of the plaintiffs sponsored senator.

“An order of injunction restraining INEC acting by its self or through its servants, employees, agents and privies from commencing or further continuing to act on the purported petition presented to it by some constituents of the plaintiffs sponsored member representing the Kogi West senatorial district.

“An order of injunction restraining INEC acting by its self or through its servants, employees, agents and privies from, conducting any referendum based on the purported petition allegedly presented and signed by dead, fictitious and purported constituents of the plaintiffs sponsored member of the senate for an incompetent and fundamentally defective petition.”

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