The senator representing Kogi West Senatorial District in the National Assembly, Dino Melaye has lodged an appeal at the Supreme Court against the March 16, 2018 judgment of an Abuja Court of Appeal which held that the Independent National Electoral Commission (INEC) could conduct a referendum for the purpose of recalling him unhindered.
In a notice of appeal filed by his lawyer, Mike Ozekhome and dated April 3, 2018, Melaye urged the apex court to among other prayers, set aside the Appeal Court’s judgment which upheld an earlier judgment by Justice Nnamdi Dimgba of the Federal High Court, Abuja.
INEC had in August 2017, written to notify the Senator of a petition it received from some registered voters from his constituency requesting his recall from the National Assembly on grounds of non-performance.
As against the finding of the Appeal Court that the electoral body was still within the limit provided by the Constitution to conduct his recall process, the Senator wants the Supreme Court to hold otherwise.
Melaye is also praying the court to declare that the statutory 90-day period for INEC to conduct a recall process as provided in section 69 (b) of the Constitution, having elapsed by effluxion of time on September 23, 2017, INEC can no longer validly proceed on his recall process on the basis of the petition for his recall which was presented on June 23, 2017.
In addition, he wants an order of perpetual injunction restraining INEC from commencing or further proceeding with the recall process, acting on the petition presented to it by his supposed constituents.
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