- INEC withdrew its motion against Senator Dino Melaye at the Federal High Court in Abuja
- This was due to the fact that the case had been taken to the Court of Appeal
- The judge struck out the case after INEC's lawyer agreed to withdraw it
The Independent National Electoral Commission (INEC) has withdrawn its motion that had sought an order of the Federal High Court in Abuja to allow it serve Dino Melaye the recall petition through substituted service.
The electoral body had sought to serve Melaye's recall petition through substituted means rather than personal service.
The Punch, however, reports that Justice Nnamdi Dimgba struck out the motion after INEC’s lawyer, Yunus Ustaz (SAN), announced its withdrawal in court on Thursday, September 28.
The judge also ordered that all issues related to the case be taken to the Court of Appeal.
The judge said all pending applications including the Kogi senator for stay of execution be taken to the Appeal Court since Melaye’s appeal against the court’s judgment had been entered at the Court of Appeal
INEC had filed the motion after it alleged that the senator was dodging the petition and other accompanying documents.
INEC’s lawyer also said the Kogi senator also dodged them during the Senate’s plenary on Tuesday, September 26.
Nkem Okoro who is the counsel to the senator opposed the hearing on the grounds that the court no longer had jurisdiction to hear any application concerning the case since his client’s appeal had been entered at the Court of Appeal.
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In the course of the proceeding, INEC’s lawyer withdrew the motion and it was struck out by the judge.
Meanwhile, an election monitoring group, the Independent Service Delivery Monitoring Group (ISDMG), accused Senator Melaye of trying to frustrate his recall process Recall that
NAIJ.com earlier reported that Melaye is facing a possible recall from the Senate by his constituency who allegedly feel like he has failed them.
ISDMG said the senator, who is representing Kogi West senatorial district, is trying to ridicule the Nigerian Constitution and the court of law,
You can watch this NAIJ.com TV video about the recall process for Dino Melaye: