Senator Dino Melaye has asked the Appeal Court in Abuja to stay action on the decision of a Federal High Court, also in Abuja, which gave the Independent National Electoral Commission (INEC) the nod to begin his recall process.
In an originating summons also filed on Tuesday, Melaye argued that since INEC and the constituents of Kogi West Senatorial District failed to complete the recall process within the 90 days provided by Section 69 (b) of the Constitution, which commenced on June 23, 2017, and ended on September 23, 2017, “renders the entire recall process invalid, null, void, wrongful, illegal and unconstitutional.”
Melaye (APC, Kogi West) had joined seven constituents who brought the disputed petition, purportedly signed by 188, 588 voters in the constituency, as defendants.
The application, which was filed by Melaye’s counsel, Mike Ozekhome (SAN), also asked the appellate court to make a perpetual injunction restraining INEC and its agents from taking further steps.
Justice Nnamdi Dimgba had on September 11, dismissed Melaye’s suit against INEC and given the electoral umpire the go-ahead for a referendum to be conducted in the constituency following the petition it received.