Recall: Melaye files appeal challenging court judgement

Dino Melaye
Dino Melaye

Senator for Kogi West, Dino Melaye, has appealed the judgment of an Abuja Division of the Federal High Court which on Monday gave the green light for the process for his recall from the senate.

The court, presided over by Nnamdi Dimgba, decided that the Independent National Electoral Commission, INEC, acted within its constitutional rights in commencing the process for Mr. Melaye’s recall.

INEC had kicked off the process after receiving a petition signed by over a half of the members from Mr. Melaye’s constituency that they no longer wanted him as their senator.

The recall process was slated to begin in July, but was suspended after Mr. Melaye asked the court to stop it.

Shortly after the court’s ruling on Monday, Mr. Melaye’s lawyer, Mike Ozekhome (SAN) said he would file an appeal against parts of the judgement.

In the suit containing eight grounds of appeal, dated September 13 and filed on Wednesday, Mr. Melaye is accusing the lower court of ‘erring in law’, when it decided that INEC’s recall process is valid.

According to the suit, Mr. Melaye is asking the Court of Appeal to set aside the lower court’s ruling on the grounds that the petition for his recall as presented before the court, was signed by only three signatories, instead of the constitutionally required number of more than half of the members of the constituency.

He added that the court asked INEC to produce the petition as signed by all the reported signatories, but the commission did not comply with the court order.

The lawyer is also alleging that the Federal High Court erred in law when it decided that the 90-day benchmark for the referendum on Mr. Melaye’s recall was paused in July and should continue from September 11.

He asserts that the provision of the law regarding the 90 days cannot be elongated unless by means of a constitutional amendment.

Mr. Ozekhome is also asking that the decision of the lower court be set aside on the ground that the ‘failure’ of INEC to produce the signed petitions by all the members of the constituency as alleged by the Commission, rendered it (the petitions) null and void and should have been so regarded by the court.

The lawyer is also of the opinion that the lower court erred in law when it decided that the members of Mr. Melaye’s constituency and INEC are not bound by law to give fair hearing to the senator.


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  • Konkolo

    This crook self. Na by force to be Senator? The people said they no longer need you yet, you have beeny trying by all means to lord yourself on them. You are only a Senator and in the Senate to steal that’s why all this by force representation. Omale ole.

    • Yego V

      Unfortunately the country is saddled with this narcissist and many of his type. Dino has not made ANY tangible contribution to : Democracy; development of the country, nor to his state and constituency. He has had nothing to offer other than running around and licking the boots of Saraki; fighting with his colleagues (female) in the senate and using vulgar language; foolishly clowning around and irresponsibly dancing online; donning graduation attire to “prove” a claim of graduating with a gifted THIRD class. Stupidly flaunting exotic cars. Sadly EFCC have not gone after him to show proof of income. (To the best of available information, Dino has never been wealthy prior to joining politics.). Unfortunately neither EFCC nor the security arm of government have bothered to look into the various leaked telephone conversations between dino and a Judge; dino and police etc. The content of those tapes are loaded with many incriminating remarks that could easily be used to shut this man. This country is sick. It was so easy putting a man behind bars for naming his dog BUHARI ! Yet not a word for a man openly bribing a Judge and police. How on earth can we progress with such a hopeless system.

  • Du Covenant

    This is yet another example to confirm our system is very, very flawed. If we are truly in a democracy and also true that power actually belongs to the voters, why on earth is recalling this thug a problem?. Why is Melaye afraid to explain to the people that ‘voted’ for him he is good for them?. He who is vested with the power to hire also has the power to fire, it is not rocket science. Allow INEC to verify the signatures then contest if you have the evidence to do so. I can’t understand why someone is just bent on frustrating a process that has not even started?. Nigeria does not work for all because anyone can become anything due to the lack of standards such as melaye, fayose and the likes!.