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Tag: Melaye

  • Recall: Melaye denies evading recall petition, timetable service

    Recall: Melaye denies evading recall petition, timetable service

    Senator Dino Melaye on Monday, denied claims that he was evading the service of petition and timetable for his recall from the Senate, by the Independent National Electoral Commission (INEC).

    Melaye made this known while briefing newsmen in Abuja on Monday.

    The senator, who represents Kogi West Senatorial District, is facing a recall by his constituents who in a petition on June 23, 2017, called on INEC to recall him.

    He was accused of poor of representation of the constituency at the Senate.

    But, Melaye told newsmen that accepting any “purported’’ petition from INEC would amount to breaching the 1999 Constitution (Amended).

    According to him, the window provided by the Constitution for the service of recall petition had elapsed and I would not be seen to be breaching the law.

    “It is clear that by the provisions of Section 69(b) of the 1999 Constitution, INEC must act on the petition purportedly presented to it on June 23, 2017 by conducting a referendum within 90 days of receipt of the petition.

    “The 90 days period as provided for in the Constitution for conducting the referendum after our verification, elapsed on Sept. 23, 2017.

    “The time having elapsed, I cannot under the circumstance, aid and abet INEC to further infringe on the provisions of the Constitution, which I have sworn to defend,’’ he said.

    The lawmaker pointed out that his position on the matter had been affirmed by various Supreme Court decisions.

    He cited the case of Nyako v. Adamawa State House of Assembly and others (2016) and All Nigeria Peoples Party (ANPP) v. Alhaji Mohammed Goni and others.

    He said that from the apex court’s decision, the Constitution could not be amended by “mere’’ pronouncement of a court of law.

    Melaye added that it was only right to respect the provision of the Constitution.

    “The trial judge failed to respect that provision of the Constitution when he elongated 90 days provided for, saying the process was paused when the interim order for maintenance of status quo was granted.

    “I am not evading the service of any purported petition on me by INEC.

    “As a matter of fact, my lawyer, Chief Mike Ozekhome, served INEC a notice to produce the said petition in the course of hearing of this matter but INEC failed to produce the petition in court.

    “I have also instructed my lawyer to challenge the jurisdiction of the trial court to entertain an ex parte application for the service on me.

    “In view of the lapse of time, I shall no longer be in a haste to take any further step in this matter so as not to aid any party, especially INEC in breaching the Constitution,’’ he said.

    Melaye said that having asked his lawyer to file appeal against the judgment by the court, he was aware that the matter was sub-judice.

    He added that it was in view of that that he chose to speak only on the “socio-political aspect’’ of the matter. (NAN)

  • Court to INEC: Serve Melaye recall papers

    Court to INEC: Serve Melaye recall papers

    A FEDERAL High Court in Abuja has directed the Independent National Electoral Commission (INEC) to make further attempt to ensure personal services of documents relating to the recall of Senator Dino Melaye on him.

    Justice Nnamdi Dimgba gave the directive yesterday when INEC informed the court about its ex-parte motion for substituted service. INEC said its motion was informed by its inability to serve Melaye with the petition for his recall and other list of voters, who endorsed the petition.

    The court had, in a judgment on September 11, in a fundamental rights enforcement application by Melaye, said although it was not mandatory, INEC should avail the senator with the petition and list containing the signature of voters, who signed the petition, to enable the senator prepare for the recall process.

    Yesterday, when lawyers to parties appeared before the court, lawyer to INEC, S. O. Ibrahim, told the court about his pending ex-parte motion for substituted service of the petition on Melaye.

    Lawyer to Melaye, Nkem Okoro, also told the court that he has filed a number of applications, including one for stay of execution of the court’s judgment and also challenging the court’s jurisdiction to hear INEC’s ex-parte motion.

    He said his client would be back in the country between September 25 and 26 for the resumption of the Senate.

    In view of the information by the lawyers, Justice Dimgba said in view of the tight schedule of the court, he was not ready to hear all the applications.

    He directed INEC to make a further attempt to ensure personal service on him when he returns. He adjourned to September 28.

    The judge said should INEC complain on the next date of being unable to serve Melaye personally, he would hear the ex parte motion by the election body and the applications by Melaye.

  • Court asks INEC to make efforts to serve Melaye

    Court asks INEC to make efforts to serve Melaye

    A Federal High Court in Abuja has directed the Independent National Electoral Commission (INEC) to ensure personal services of documents relating to the recall of Senator Dino Melaye, are served on him.

    Justice Nnamdi Dimgba gave the directive yesterday when INEC informed the court about its ex-parte motion for substituted service.

    The commission said its motion was informed by its inability to serve Melaye with the petition for his recall and other list of voters, who endorsed the petition.

    The court, in a judgment on September 11, in a fundamental rights enforcement application by Melaye, said although it was not mandatory, INEC should avail the senator of the petition and list containing the signature of voters, who signed the petition, to enable Melaye prepare for the recall process.

    Yesterday, when lawyers to parties appeared at the court, counsel to INEC, S. O. Ibrahim, told the court about his pending ex-parte motion for substituted service of the petition on Melaye.

    Melaye’s lawyer Nkem Okoro told the court that he filed a number of applications, including one for stay of execution of the court’s judgment and challenging the court’s jurisdiction to hear INEC’s ex-parte motion.

    He said Melaye would be back in the country between September 25 and 26 for the resumption of the Senate.

    Justice Dimgba said in view of the tight schedule of the court, he was not ready to hear the applications.

    He directed INEC to make a further attempt to ensure personal service on Melaye when he returns. He adjourned till September 28.

    The judge said should INEC complain on the next date of being unable to serve Melaye personally, he would hear the ex-parte motion by the election body and the applications by Melaye.

     

  • Court to INEC: Serve documents to Melaye

    Court to INEC: Serve documents to Melaye

    A Federal High Court in Abuja on Monday directed the Independent National Electoral Commission (INEC) to make further attempt to ensure personal services of documents relating to the recall of Senator Dino Melaye on him.

    Justice Nnamdi Dimgba made gave the directive when INEC informed the court about its ex-parte motion for substituted service.

    INEC said its motion was informed by its inability to serve Melaye with the petition for his recall and other list of voters who endorsed the petition.

    The court, in a judgment on September 11, said although it was not mandatory, INEC should avail Melaye with the petition and list containing the signature of voters who signed the petition to enable him prepare for the recall process.

    When lawyers to parties appeared before the court on Monday, lawyer to INEC, S. O. Ibrahim, informed the court about his pending ex-parte motion for substituted service of the petition on Melaye.

    Lawyer to Melaye, Nkem Okoro also told the court that he has filed a number of applications, including one for stay of execution of the court’s judgment and also challenging the court’s jurisdiction to hear INEC’s ex-parte motion.

    He said Melaye would be back in the country between September 25 and 26 for the resumption of the Senate.

  • Recall: INEC opts for substituted process as Melaye evades service

    Recall: INEC opts for substituted process as Melaye evades service

    •Commission releases fresh recall timetable on Monday

    The Independent National Electoral Commission (INEC) may opt for a substituted process in serving the Chairman of the Senate Committee on the Federal Capital Territory (FCT), Mr. Dino Melaye copies of all documents relating to his recall.

    There are indications that the electoral commission may release the timetable for the recall of the embattled Senator tomorrow.

    It was learnt that Melaye has shut down his office and blocked access to his house by INEC officials who wanted to comply with the order of Justice Nnamdi Dimgba of the Federal High Court, Abuja.

    Although the court on Thursday dismissed Melaye’s suit to stop his recall, Justice Dimgba ordered INEC to avail Melaye with a “copy of the petition and other accompanying documents to enable him prepare for the stakeholders’ meeting for the commencement of the verification exercise within two weeks from the date of the judgment.”

    A top INEC source said: “It has been difficult to make available the petition and other documents available to Melaye. When our team went to his office, the staff had shut down the place.

    “Also, those sent to the Senator’s house said the guards and other aides said they were under instructions from the Senator not to collect any document on his behalf.

    “We are left with no option than to use a substituted process to make all these documents available to Melaye in line with the court order.

    “We will try as much as possible to locate Melaye or serve him the necessary documents because he is planning to go to the appellate court to halt the recall process.”

    Responding to a question, the top source added: “All things being equal, INEC will release a time table for the recall of the Senator on Monday.

    “We know the Senator is rushing to the court in order to buy time to frustrate the recall process.”

    But on his Twitter handle, Melaye said:  “Why is INEC desperate on this recall thing? We shall see.”

    Justice Dimgba had described Melaye’s application as “hasty, premature and presumptuous.”

    The judge said no injustice has been done to him by the refusal of NEC and those behind his recall to serve him copies of the petition against him and signatures of registered voters, who endorsed the petition.

    He said: “I do not believe that the petitioners have the duty to serve the plaintiff with a copy of the petition. The duty of the constituents is to write and submit their petition to the electoral body.

    “There is no provision in Sections 68 and 69 of the Constitution that provides the scope for the writers of the petition to inform the plaintiff of plans to recall him or for him to come and clear himself of allegations levelled against him

    “The duty of an aggrieved electorate is to submit a petition backed by appropriate signatures to the electoral body, while the duty of the 1st defendant (INEC) is well-defined, which is to verify the signatures, and if satisfied that they are genuine and the number meets the constitutional threshold, then it is to proceed to conduct a referendum for the recall of the legislator.

    “I do not see how this could have caused an injury to the first plaintiff. The only option open to the plaintiff is to go through the verification exercise and ventilate any grievances that he might have there.

    The judge faulted Melaye’s claim that majority of the signatures/signatories to the petition are non-existent, dead and forged.

    “He (Melaye) was not served with the petition and the list of signatures. Then on what basis did he conclude on the literacy status of the signatories if their identities he did not know.”

  • Melaye loses bid to stop recall

    Melaye loses bid to stop recall

    • •Court orders service of petition, list of voters on him

    SENATOR Dino Melaye (Kogi West) has lost in a bid to stop the Independent National Electoral Commission (INEC) from proceeding with his recall process.

    In a judgment yesterday, Justice Nnamdi Dimgba of the Federal High Court, Abuja dismissed the suit by Melaye, meant to stop INEC from proceeding with the recall process.

    Justice Dimgba, in dismissing Melaye’s suit, was of the view that the case was “hasty, premature and presumptuous.”

    The judge said no injustice has been done to him by the refusal of INEC and those behind his recall to serve him copies of the petition against him and signatures of registered voters, who endorsed the petition.

    He said the petitioners and INEC were not obligated under the constitution to oblige Melaye or any legislator to be recalled with copies of the documents against him.

    Melaye had challenged the process to recall him by filing a fundamental rights enforcement application, in which he claimed to have been denied fair hearing by INEC on the ground that he was not served with the petition filed for his recall to enable him respond to the allegation against him.

    He also faulted the petition brought against him by some registered voters in his constituency. He claimed the petition contained forged signatures of dead people.

    INEC had insisted on proceeding with the process, starting with the verification of the signatures, on the ground that the constitution did not required that a legislator, against whom a petition for recall is made, should be served with the petition to enable him respond.

    Before INEC could take further steps, Melaye got an ex-parte order, asking parties to maintain status quo pending the determination of the fundamental rights enforcement suit he filed.

    But in his judgment yesterday, Justice Dimgba said: “I do not believe that the petitioners have the duty to serve the plaintiff with a copy of the petition. The duty of the constituents is to write and submit their petition to the electoral body.

    “There is no provision in Sections 68 and 69 of the Constitution that provides the scope for the writers of the petition to inform the plaintiff of plans to recall him or for him to come and clear himself of allegations levelled against him.

    “The duty of an aggrieved electorate is to submit a petition backed by appropriate signatures to the electoral body, while the duty of the first defendant (INEC) is well-defined, which is to verify the signatures, and if satisfied that they are genuine and the number meets the constitutional threshold, then it is to proceed to conduct a referendum for the recall of the legislator.”

    On Melaye’s argument that he was not availed fair hearing, the judge said: “Fair hearing is not an option in recall process,” as is the case in impeachment process.

    “From all that I have said so far, it becomes apparent that these complaints brought before the court are hasty, premature and probably presumptuous,” Justice Dimgba said.

    The judge, however, added that, in the spirit of good administrative procedure, INEC should avail Melaye with a copy of the petition and other accompanying documents to enable him prepare for the stakeholders’ meeting for the commencement of the verification exercise within two weeks from the date of the judgment.

    The judge said the counting of the 90 days for the recall process, halted by the July 6 order, now resumes from yesterday.

    The judge, however, dismissed a similar suit filed against the recall process by APC in Kogi State. He held that the suit amounted to an academic exercise.

    Melaye has, however, hinted he will appeal the judgement.

    Earlier in the judgment, the judge dismissed INEC’s preliminary objection to the suit.

  • Court orders INEC to proceed with Dino Melaye ’s recall process

    Court orders INEC to proceed with Dino Melaye ’s recall process

    A Federal High Court sitting in Abuja on Monday dismissed the suit filed by the senator representing Kogi West Senatorial District, Dino Melaye, challenging the recall process initiated by his constituents.

    Justice Nnamdi Dimgba ordered the Independent National Electoral Commission (INEC) to proceed with the process.

    The judgment effectively terminated the ex parte order made by Justice John Tsoho of the same court, on July 6, directing parties in the matter to maintain status quo.

    Justice Dimgba noted that the 90 days period within which the Constitution ordered the INEC to conduct a referendum on the matter elapsed on June 23, when Dino Melaye commenced the suit.

    He ordered that the period would only continue running from Monday.

    The judge also directed INEC to issue an amended recall timetable giving Dino Melaye a minimum of two weeks to prepare his defence against the recall process.

    INEC had set July 3 as the commencement date for the recall process  after voters in Kogi West voted for the senator’s recall.

    A total of 188, 588 signatures were submitted to INEC by a representative of the zone.

    The figure represented 52.3 per cent of the total registered voters in the district.

     

  • Recall: Melaye knows fate September 11

    Recall: Melaye knows fate September 11

    The Federal High Court, Abuja, has fixed September 11 for judgment in the suit filed by Senator Dino Melaye, challenging his planned recall by voters in his constituency.

    Justice Nnamdi Dimgba fixed the date after listening to arguments from all parties involved in the suit.

    The Independent National Electoral Commission (INEC) had commenced the process to recall Melaye, but the senator wants the court to stop the process.

    One of the grounds upon which Melaye, who represents Kogi West in the Senate challenged his recall, was that the signatures of some of the voters in the petition were fictitious.

    Melaye, who argued his case through his counsel, Mr. Nkem Okoro, said majority of the signatures on the petition were dead people.

    He added that death certificates were attached to the processes he filed as exhibits to ascertain the veracity of his claim that some of the signatories were deceased.

    He also alleged that he was denied fair hearing by both his constituents and INEC.

    He said: “The petitioners ought to have informed Melaye of the facts and circumstances upon which the alleged loss of confidence was based prior to submission of the petition to INEC.

    “INEC upon receipt of the said petition only served Melaye a mere notice that it had received a petition for his recall. So we are challenging INEC’s action.

    “They should have shown a copy of the petition to Melaye and failure to do so amounts to denial of fair hearing and a violation of the laws of natural justice.”

    NAN

  • APC moves to reconcile Bello, Melaye

    APC moves to reconcile Bello, Melaye

    The leadership of the All Progressives Congress (APC) may have begun moves to resolve the lingering crisis in the Kogi State chapter of the party.

    The National Working Committee (NWC) has set up a committee to act on recommendations of the Prince Tony Momoh-led fact-finding committee.

    Governor Yahaya Bello has been at war with party leaders in the state, including Senator Dino Melaye, the only APC senator in the state.

    While submitting its report to the national chairman, the committee blamed the NWC and identified political appointments, among others, as reasons the crisis degenerated.

    It was gathered the NWC, at its Tuesday meeting, deliberated on the report and decided to set up another panel to further explore avenues for reconciliation.

    The six-member committee is chaired by Idris Garba; with  Umar Kareto (Northeast), Rufai Garba (Northwest), Don Etiebet (South south), Paricia Etteh (Southwest) and Joseph Orji (Southeast), as members.

    Momoh told the NWC: “What I am saying is that we recommended a win-win concession, unless the people had decided to do what they want. APC’s national headquarters’ complicity, all these were areas we broke all issues into and we discussed them comprehensively and made recommendations.

    “We met the National Assembly caucus, led by Dino Melaye. We met the state Assembly, all members of the state Assembly and the Speaker. We met a state executive committee of the party; we met the Faleke group; we met the governor and his team. Actually, we met with the governor about three times because the bulk stops on his desk.

    “Everybody accepts that Yes, he is our governor and chief executive of the state, but look at the problems. And we had many people coming to testify to what they’ve said the governor had done, and others who are supporters of the governor coming to testify about the good things he did.

    “So, we concluded that the problem in Kogi State is the absence of communication, missed communication or even inadequate communication.”

  • Court fixes Friday for hearing of suits by Melaye, APC against recall

    •Kogi West voters insist on senator’s removal

    A Federal High Court in Abuja has fixed Friday for the hearing of two suits seeking to stop the Independent National Electoral Commission (INEC) from proceeding with the process of recalling Senator Dino Melaye representing Kogi West.

    The first suit was filed by Melaye and the second was filed by the Kogi State All Progressive Congress (APC) and 12 others.

    The other plaintiffs in the second suit are: Alhaji  Haddy Ametuo, Shaibu Osune, S.T Adejo, Comrade Yahaya Ade Ismail, Chief Gbenga Ashagun, Ahovi S. Ibrahim, Ghali ND Usman, Isa Abubakar, I. Molemodile, Abubakr M. Adamu and Daniel Sekpe.

    The vacation judge of the Federal High Court, Abuja, Justice Nnamdi Dimgba fixed Friday for hearing after granting an application by Olatunji Atoyebi (for the plaintiffs in the second suit) for the consolidation of his client’s case, pending before another judge of the court, with the one by Melaye (which is already slated for hearing during the court’s vacation).

    The judge said the consolidation was necessary to prevent the rendering of conflicting judgments by two judges of the court, more so when the cases were on the same issue of whether or not INEC could proceed with Melaye’s recall.

    Earlier in the proceeding, the judge granted two applications, admitting new parties to the suit. The first application was filed by three individuals, who said they coordinated the petition for Melaye’s recall – Chief Cornelius Olowo, John Anjorin and Malam Yusuf Adamu. They were joined as defendants in the suit by Melaye.

    The second application was by five persons – Afolabi Lydia Olufunke, Mrs. Iyabose Owolabi, Sanya Grace Folake, Salihu Abubakar Abdullahi and Michael Olowolaiyemo, who identified themselves as registered voters from Kogi West. They were joined as co-plaintiffs in the suit by Melaye.

    In allowing the applications for joinder, Justice Dimgba noted that the participation of all the applicants in the suit will assist the court in achieving justice in the case.

    In a separate ruling, he granted Melaye’s application for leave to amend his originating processes. The judge also ordered the defendants to file supplementary processes, if need be, as a result of the amendment to be effected by Melaye.

    Arguing the motion for joinder, Chief Anthony Adeniyi, who is lawyer to Olowo, Anjorin and Adamu argued that his clients were necessary parties to the suit. He attacked the competence of the suit by Melaye and urged the court to dismiss it.

    In their counter-affidavit, Olowo, Anjorin and Adamu, who said they were acting for themselves and the 188,521 registered voters (who endorsed the petition for Melaye’s recall) argued that the senator cannot be saved by the court and asked that INEC be allowed to perform its constitutional duties.

    On why they seek Melaye’s recall, Cornelius stated, in a supporting affidavit, that the electorate in Kogi West were tired of the senator’s conflicting and confusing roles in the Senate.

    He noted that while Melaye has barely spent two years in the Senate, he was preparing “seriously” to contest a councillorship position in his ward in Ijumu Local Government.

    Melaye actually made this fact public when, in paragraph 20 of the affidavit supporting his originating summons, he claimed that “I am interested in contesting for a councillorship position in my Local Government Area, Ijumu…”

    Cornelius said: “Since he (Melaye) cannot simultaneously hold the offices of a senator and councillor, his constituents are voting more competent, reliable and worthy replacement to represent them in the Senate”.

    On why the court cannot stop INEC from proceeding with Melaye’s recall, Olowo, Anjorin and Adamu argued, in their written address, that since the roles placed on the electoral body in a recall process is spelt out in Section 69(2) of the Constitution, INEC is obligated to perform those roles without being hindered by any court.

    Cornelius, Anjorin and Adamu agreed that the court could only be invited to review the exercise of the power granted any institution or agency of the Executive after such power had been exercised and not before or in the process of it being exercised.