By Hafsat Abdullahi with agency report
Kogi West Senator, Dino Melaye, has appealed the judgment of an Abuja Division of the Federal High Court which gave the green light for the process for his recall from the senate.
The court, Presided over by Nnamdi Dimgba, decided that the Independent National Electoral Commission (INEC) acted within its constitutional rights in commencing the process for Melaye’s recall.
INEC had kicked off the process after receiving a petition signed by over a half of the members from Melaye’s constituency that they no longer wanted him as their senator.
The recall process was slated to begin in July, but was suspended after Melaye asked the court to stop it.
Shortly after the court’s ruling, Melaye’s lawyer, Mike Ozekhome (SAN) said he would file an appeal against parts of the judgement.
In the suit containing eight grounds of appeal, dated September 13 and filed on Wednesday, Melaye is accusing the lower court of ‘erring in law’, when it decided that INEC’s recall process is valid.
According to the suit, Melaye is asking the Court of Appeal to set aside the lower court’s ruling on the grounds that the petition for his recall as presented before the court, was signed by only three signatories, instead of the constitutionally required number of more than half of the members of the constituency.
He added that the court asked INEC to produce the petition as signed by all the reported signatories, but the commission did not comply with the court order.
The lawyer is also alleging that the Federal High Court erred in law when it decided that the 90-day benchmark for the referendum on Melaye’s recall was paused in July and should continue from September 11.