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Kogi APC sues INEC over moves to recall Dino Melaye

By Bridget Chiedu Onochie and George Opara (Abuja)
05 July 2017   |   3:09 am
The Kogi State chapter of the All Progressives Congress (APC) and 12 others have asked a Federal High Court in Abuja to stop the Independent National Electoral Commission (INEC) from commencing the recall process of Senator Dino Melaye.

Dino Melaye. PHOTO: Youtube

• Senate flays process, accuses INEC of bias
The Kogi State chapter of the All Progressives Congress (APC) and 12 others have asked a Federal High Court in Abuja to stop the Independent National Electoral Commission (INEC) from commencing the recall process of Senator Dino Melaye.

The suit followed INEC’s announcement that it would begin the process on July 10, after receiving collated signatures from his constituency.In the originating summons, the APC listed other applicants to include, ‎Haddy Ametuo, Shaibu Osune, S.T Adejo, Yahaya Ade Ismail, Gbenga Ashagun, Ahovi S. Ibrahim, Ghali ND Usman, Isa Abubakar, I. Molemodile, Abubakr M. Adamu and Daniel Sekpe.

The counsel to the plaintiffs, Solomon T. Ologunorisa wants the court to declare that the petition presented to the INEC chairman for the recall was illegal, unlawful, wrongful and of no effect whatsoever.

They also stated that the process, which was initiated through a purported petition against Melaye by some of his constituents, pursuant to Section 69 of 1999 Constitution was illegal, unlawful and of no effect whatsoever.

Ologunorisa said it was a contravention to the rules of natural justice and constitutionally guaranteed right to fair hearing under section 36 of the 1999 Constitution.The applicants are further praying for an order, stopping INEC from conducting any referendum, based on the purported petition allegedly presented and signed by “dead, fictitious and purported constituents of our sponsored senator for an incompetent and fundamentally defective petition.”

Earlier, the plaintiffs had asked the court to determine whether upon a proper interpretation of the provisions of Section 65(2) (b), 68(1) (g) and 69 of the 1999 Constitution, Melaye, was not entitled to a fair hearing before the process of his recall, as contemplated by the provisions of the aforesaid section 69 of 1999 Constitution.

No date has been fixed for hearing. Meanwhile, the Senate yesterday faulted the speed of recall activities by the INEC, saying it showed that it was acting under instruction.
Senator Peter Nwaoboshi, in his contribution said INEC appeared to be teleguided to recall the embattled Melaye

The Deputy Senate President, Ike Ekweremadu said the plan would fail, given the stringent provisions of the constitution and the law of the land regarding the recall of a lawmaker.The Senate accused the Kogi State government of pulling the strings behind the recall bid.

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