The Senator representing Kogi West, Dino Melaye, has asked the Supreme Court to declare as illegal, the recall process initiated against him by the Independent National Electoral Commission (INEC).
In the appeal against the Appeal Court judgement which okayed the continuation of the recall exercise, the Senator asked the apex court to declare the purported petition on which the recall is based as illegal, unlawful, wrongful, unconstitutional, null and void.
Senator Melaye in a notice of appeal dated April 3, 2018 further asked the Supreme Court to equally set aside the judgment of the Court of Appeal delivered on March 16, 2018, which dismissed his appeal against the recall for lacking in merit.
The notice of appeal which is filed by his team of lawyers headed by Chief Mike Ozekhome (SAN), with Nkem Okoro, is preficated on seven grounds.
He also told the court to declare that the statutory 90-day period as provided for in section 69(b) of the 1999 constitution, having elapsed by effluxion of time on September 23, 2017, the Independent National Electoral Commission can no longer validly proceed on the basis of the purported petition for his recall, presented on June 23, 2017.
He further prayed for an order of perpetual injunction restraining INEC from commencing or further continuing with the process of acting on the purported petition presented to it by his purported constituents.
Some of the grounds upon which the appeal is anchored challenged the entire decision of the Court of Appeal.
According to him, in ground one of the appeal, he said the Court of Appeal erred in law when it held that ‘an unchallenged finding of fact stands’, the basis of which the court held that it lacked the jurisdiction to entertain his appeal, for the alleged failure to appeal against a specific finding of fact at the trial court.
He said the Court of Appeal erred in law when it held that ‘it is not for the court to verify the signature on the petition. It is the duty of INEC’, by reason of which the court failed to invalidate the petition presented to INEC.
Another ground of appeal attacked the decision of the Court of Appeal that ‘the voters at the referendum are to show through their votes loss of confidence in the member. It is not for the court to assess the reason for the loss of confidence’ the basis of which it held that the uncontroveted averments in the affidavit of the appeal at the trial court, are not material.
The Court of Appeal had on March 16, 2018, court dismissed Dino’s appeal for lacking in merit as it disclosed no cause of action.