Nnamdi Dimgba, a judge of the federal high court in
Abuja, has ordered that the recall of Dino Melaye,
senator representing Kogi west, be moved to the court
of appeal.
Dimgba gave the directive after the Independent
National Electoral Commission (INEC) withdrew its
motion seeking an order of the court, allowing it to
serve the recall petition on Melaye through substituted
means rather than personal service.
He struck out the motion after Yusuf Ustaz, INEC’s
lawyer, announced its withdrawal in court.
The judge subsequently directed all issues pertaining
to the case be taken to the court of appeal.
Ustaz said since Melaye’s appeal against the
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.
On September 15, INEC filed the ex parte motion
seeking substituted service of the recall petition on
Melaye, following his alleged refusal to accept service
of the petition and other accompanying documents as
earlier ordered by the court.
Ustaz also said Melaye had been “dodging” service, as
an attempt by the INEC to serve Melaye during the
senate’s plenary on Tuesday also failed.
He had urged Dimgba to hear the ex parte motion, but
Nkem Nnamdi, Melaye’s counsel, 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 against the September
11 judgment of the court had been “entered” at the
appeal court.
But Ustaz withdrew the motion after the judge raised
some questions about the propriety of the ex parte
motion filed after the court had finally disposed of the
case by delivering judgment on September 11.
On Tuesday, INEC officials dropped the recall
documents in the front of Melaye’s office when they did
not meet the lawmaker.
With the latest development, INEC would have to wait
for the appeal court verdict in order to know whether to
continue or halt the process.
TheCable
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