Court orders continuation of Melaye recall procees
12 September, 2017, 01:20 | Author: Marjorie Miles
Following the submission of the petition, INEC fixed August 19 for a verification exercise - to determine if Melaye's constituents really wanted him out of the upper legislative chamber.
Dimgba's ruling effectively puts an end to Justice John Tsoho's earlier ex-parte order which directed all parties involved to maintain status quo.
The court, now presided over by Justice Nnamdi Dimgba, thereafter ruled that Melaye be handed the recall petition, schedule of signatures attached to the petition and the list of persons who want the senator recalled, within two weeks.
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Consequently, the Judge held that the period would only continue to run from the date of latest ruling - Monday.
Melaye had filled a suit asking INEC to halt the recall process claiming that the voters signatures from the constituency were from dead and non-existent people.
Justice Dimgba dismissed the suit on the grounds that it lacked merit, adding that it was hasty and premature since Melaye failed to exhaust all internal mechanism provided by the 1999 constitution before rushing to court.
Countering the petition filed by the APC senator, the presiding judge stated that his Kogi-West constituents were not mandated to afford him fair hearing before sending their petition to INEC.
Justice Dimgba also admitted that although the Constitution did not expressly provide that the INEC must serve the affected legislator with the petition and the accompanying documents, it was required in the spirit of fair hearing so that the legislator could be equipped to fight the recall.
The Judgealso dismissed the argument that the the number signatures did not meet the threshold stipulated in the Constitution.
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