Dino Melaye’s recall: INEC receives, studying court order

Senator Dino Melaye [Photo: dinomelaye.com]
Senator Dino Melaye [Photo: dinomelaye.com]

The Independent National Electoral Commission, INEC, says it has been served with the ruling of a Federal High Court on the process to recall the senator representing Kogi West senatorial district, Dino Melaye.

The INEC spokesperson, Rotimi Oyekanmi, said the commission received the court papers on Monday but was yet to study it.

“We have a copy of the court ruling now, so we have to study it and make a decision, and that will take a while,” he told PREMIUM TIMES in a telephone interview on Monday.

Mr. Oyekanmi had told this newspaper on Friday that the commission would proceed with the process because it had not been served with the ruling.

An Abuja Division of the Federal High Court had last Thursday ordered parties involved in the planned recall of Mr. Melaye to maintain status quo.

The order was made exparte, implying the order was given without hearing the other party, in this case INEC, which had planned to commence the process on July 10.

Mike Ozekhome, counsel to Mr. Melaye had explained that maintaining status quo meant the commission should halt the plan to proceed with the senator’s recall.

“The court gave an order exparte saying that parties should maintain status quo until it hears our motion for interlocutory injunction; because we had filed a motion for interlocutory injunction,” Mr. Ozekhome, a Senior Advocate of Nigeria, said.

“Now parties have all been asked to let things remain as they are, till September 29 when the court will entertain arguments on the interlocutory seeking to stop INEC from proceeding with the recall.”

Over 188,000 eligible voters in Mr. Melaye’s Kogi west district signed for the recall.

INEC had written to the senator informing him of the receipt of the petition by his constituents and its plan to kick-start the process on July 3.

According to the timetable it subsequently released on the recall, INEC had planned to post the notice of verification at the commission’s constituency office in Lokoja, the Kogi State capital this Monday.

The commission also said it would verify the signatures of those calling for the recall on August 19 and publish the results same day.


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  • Dees Law

    Premium Times Editor,

    Judge Tsoho’s black market Injunction

    Why did Justice Tsoho
    fix September 29 for the hearing of the interlocutory motion on Dino Melaye’s
    case? An interim injunction should be given to last no more than 13 days. But
    here now Justice Tsoho gave INTERIM INJUNCTION to last for three [3] months.

    This is unheard of
    in the history of legal profession. This interim injunction is therefore
    corrupt as granted because it violates the law. I will advise INEC to
    ignore this ignorant interim injunction and go ahead with verification
    of signatures to fix a date for voting to recall Dino Melaye.

    In the locus classicus case
    of U.A.C vs Macfoy the honorable Lord Denning had long ago
    declared the binding law as follows; that a void order or act is void and
    nothing need be done on it, because the order or act is simply void.

    • Opekete

      Thank you. Even those ignoramus in SAN robes will not see the illegality in the order of this corrupt judge. When a judge becomes so audacious to put the will of the people on hold, the judge also should be recalled my NJC

      • Wole Akinlawon

        @opekete:disqus ,

        Yes O. Justice Tsoho or whatever his name must face disciplinary proceeding at the
        National Judicial Council for ignorance and corruption of law rolled into one sincw
        ignorance is not an excuse for disobeying the law. What sort of country is this
        for God’s sake? There’s no other country showing mad-man’s symptoms like
        the country called Nigeria where ignorance and corruption defile everything.

        The only thing I want to add is that Mike Ozekhome too must face the N.B.A
        disciplinary proceeding. A lawyer is supposed to be a Minister in the sacred
        temple of justice. A good lawyer must not say thank you when a silly Judge
        gives an order in violation of law. A good lawyer must rise up in court and
        address the Judge why that invalid order should not be made as drafted.
        Mike Ozekhome can’t be less ignorant than Justice Tsoho in effect.

    • kinsly

      Nice one bro, but I believe no Injunction order was made by the judge, he only said status quo should be maintained. If INEC is smart, status quo at the time of the court order was that the process is on, so INEC should continue the process. The judge could have given a restraining order to stop the recall process but he choose not to.

      • KessQuire

        @disqus_5qrTly6DBt:disqus

        But an order to maintain status quo is just another name for injunction. Let’s not nitpick on this one
        Judge Tsoho has made a big blunder that may cost him his job if care is not taken on this injunction.
        Several Judges have been summarily removed by the NJC for granting injunctions in violation of law.

  • Dr Pat Kolawole Awosan

    I wonder the type of bribes for favourable judgement judge, that issued the recall injunction having placed self enrichment above the judicial integrity.Nigeria judicial commission,NJC stinks of bribery scheme influenced judgement..

    • No Komment

      @princegab:disqus

      Muhmadu BUHARI must go

      “For a president who has spent 113 days abroad taking care
      of his health out of the 191 days in 2017, it is time for section 144 of the
      1999 Constitution of the Federal Republic of Nigeria to be invoked, President
      Buhari left Nigeria for London on May 7, 2017, and today is July 10, 2017, 64
      clears days since Nigerians saw their president or heard anything from him.
      Even the president’s handlers are keeping Nigerians in the dark.

      Even though the number of days that a president can spend
      outside the country is not specified in the 1999 constitution (as amended), the
      makers of the laws of Nigeria envisaged this kind of situation and made
      provisions for how to resolve it in section 144. It has, therefore, become
      pertinent that the federal executive council (FEC) must invoke section 144 of
      the 1999 constitution by passing a resolution declaring that President Buhari
      is incapable of discharging the functions of his office.”

      …………Governor Ayo Fayose of Ekiti state

      (July 10th, 2017)

      • Hurly-Burly 2017

        THE BUHARI GOVERNMENT NEVER HAD A GOLDEN MOMENT SINCE MAY 29, 2015.

        IT BLUNDERED ALL THROUGH ON ALL THINGS WITHOUT GETTING ANYTHING RIGHT.

        • Lagos don spoil

          @princegab:disqus

          Muhamadu Buhari is not
          the sort of president Nigeria needs; the mostly ignorant votes cast to elect him
          notwithstanding. Buhari has no knowledge for the job and can’t resolve either
          economic recession or economic development questions of his own volition.
          Buhari is obliquely corrupt for siding with corruption occurring on his side of
          the aisle. Buhari publicly approved self-awarded contract by his appointed
          Secretary, Babachir Lawal, and told Nigerians he saw nothing wrong with it.

          Ditto,
          Buhari impeded anti-corruption on 30th September 2015 after the
          Independent Corrupt Practices Commission (ICPC) flagged Raji Fashola in a
          public notice on 3rd September of the same year as a wanted man (in part
          over the 800 billion Naira missing under his dubious eight-year regime in
          Lagos state
          ). What Buhari did was outrageous and beyond the pale.

          Muhamed Buhari scrambled
          and announced a wanted criminal, Raji Fashola,
          as his cabinet Minister, and to leave ICPC in no doubt, Buhari allocated power,
          housing and works Ministry to the wanted criminal – Raji Fashola. Since then
          ICPC has stepped back but kept Raji Fashola’s case on file until Buhari goes.

          • Last Patriot

            A CORRUPT GOVERNMENT IS AS MUCH A THREAT TO NIGERIA’s INTERNAL SECURITY

            AS A DAFT GOVERNMENT RUN ON ISLAMIST AND ON TRIBALIST BASIS OF NEPOTISM.

            THE DUTY OF THE ARMY IS TO PROTECT NIGERIA’s INTERNAL SECURITY FROM BOTH.

          • FineBoy

            We chose him of your knowledge.
            Go jump into lagoon.

          • George

            Why crying when AMERICANS chosen their Trump.

            Animal you open your smelling mouth to say una chose bacterial instead of Holiness.

          • FineBoy

            I have never cried against Trump. I support him 150%. Those that carry insults from their mothers womb can continue. You can’t give what you don’t have. Brood of Vipers

          • princegab

            Tale back to school, sir. Go tell it to the birds. Please get a job while we wait for the end of pmb’s reign or administration to bring in fashola.

        • George

          Buhari will never have a good moment is his miserable life and that of his household.

          Bloods on his hands are too much to talk of GOLDEN MOMENT.

    • No Komment

      @princegab:disqus

      “For a president who has spent 113 days abroad taking care
      of his health out of the 191 days in 2017, it is time for section 144 of the
      1999 Constitution of the Federal Republic of Nigeria to be invoked, President
      Buhari left Nigeria for London on May 7, 2017, and today is July 10, 2017, 64
      clears days since Nigerians saw their president or heard anything from him.
      Even the president’s handlers are keeping Nigerians in the dark.

      Even though the number of days that a president can spend
      outside the country is not specified in the 1999 constitution (as amended), the
      makers of the laws of Nigeria envisaged this kind of situation and made
      provisions for how to resolve it in section 144. It has, therefore, become
      pertinent that the federal executive council (FEC) must invoke section 144 of
      the 1999 constitution by passing a resolution declaring that President Buhari
      is incapable of discharging the functions of his office.”

      …………Governor Ayo Fayose of Ekiti state

      (July 10th, 2017)

    • George

      Stop crying Saraki is the only one matching Tinubu money for money for now.

  • otunga

    The most unserious nation in the world…..Nigeria is going NOWHERE!!

    • Kallah Bature

      Unless we have an incorruptible justice system all the effort of the PMB administration will come to nothing.

      • George

        Yeye PMB that cannot even tell us how much he has spelt in UK.

        May your entire life and your generations born and unborn be runs as your half dead PMB has been running Nigeria. Say Amen quickly because everyone around me here have said Amen on your behalf more than ten times.

    • FineBoy

      May that be your portion, not Nigeria.

      No uncircumcised can curse what God has blessed

  • princegab

    Saraki’s money dey work. Them don bribe the judge via Ozekhome.

    • George

      Only one matching Tinubu with his evil money.

      • princegab

        Tinubu is not a womanizer so i am left to wonder why you antagonize him this much.

  • Deansmart

    I am not a lawyer but why will a court stopped the INEC to perform its constitutional duties? this impunity has been going on nigeria, some politicians will go to court to stop police or DSS to arrest or invit them for questioning ,so what stops Evan to do so?if it is right for an idividual to go to court and stop constituted authority from performing its duties

    • George

      If court cannot stop INEC what is the works of courts then. Courts is to seek redress and what is redress before you on this matter.

  • George

    We all hate Dino, we all hate Saraki but these two animals are the reason why Vampires and Hyenas hasn’t taking over the Senate. We can’t afford allowing Tinubu or anything close to him touches the Senate. Tinubu is evil with unqualified venous.

  • shola

    The world of peoples representatives in Nigeria is turning upside down. The people who voted you in are voting you out and you are dragging them to court! For what? You want to disenfranchise your folk? Shame on you. I hope next time the INEC makes sure any candidate that makes any move to buy voters vote through any means at all should automatically be disqualified. [A binding code of conduct, signed by all parties] The INEC should stop this Judas Ischariot method.
    The best you can get here in Germany during an election campaign is balloon or ball-pen of the party.

  • Olatubosun

    Melaye must be recalled

  • Olatubosun

    Dino melaye is useless

  • Olatubosun

    Dino melaye must go

  • Olatubosun

    Dino is a disgrace to the Senates