Court Dismisses Melaye's Lawsuit, Orders INEC to Continue His Recall

Dino says plots to stampede him out of Senate will fail

A Federal High Court in Abuja on Monday dismissed the suit filed by Senator Dino Melaye representing Kogi west senatorial district, and cleared the way for his recall process to resume.

He held that Melaye and his party, the All Progressives Congress, APC, failed to exhaust the "domestic remedy" provided by the verification procedure, before they separately approached the court to stop the recall exercise.

Describing Melaye's suit as being "hasty, premature and presumptuous", Dimgba noted that INEC had already indicated that it would schedule a period to verify the signatures of the petitioners who called for the senator's recall from the upper legislative chamber.

In a judgment rendered on Monday, September 11, Justice Nnamdi Dimgba ordered the Independent National Electoral Commission to "proceed with the recall process".

The judge held that the constituents who wrote the petition to INEC seeking his recall were not under any duty to serve him with a copy of the petition or offer him an opportunity to defend himself.

However, the court held that the amended originating summon was properly filed in line with Order 3 Rule 9.

He also dismissed INEC's contention that APC lacked the locus-standi to institute an action with a view to stopping Melaye's recall. "Lies will never overtake or conquer truth", his statement read.

The Kogi state government had in June claimed that it had recieved the signatures of 188,588 of Melaye's constituents for his recall from the senate.

"After looking at them and being able to show that some of them are fake, the names of dead people, I can assure you that we will start a fresh legal battle against the respondents", Mr. Ozekhome said. I will not stop speaking the truth to the authorities.

But reacting in Lokoja while addressing newsmen, the Director General on Media and Publicity to Governor Bello, Kingsley Fanwo said Melaye lied that the state government was behind his travails.

"We can not all sleep facing one side of the bed, we shall overcome these temporary shenanigans in the long run".

"We shall overcome this temporary Shenanigan in the long run".

However, in a quick reaction, Dino Melaye, who is chairman, Senate Committee on the Federal Capital Territory, FCT, said he will neither sleep nor slumber over the Federal High Court's judgment in Abuja.

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