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Tag: Melaye’s recall

  • Court to hear suits on Melaye’s recall Friday

    Court to hear suits on Melaye’s recall Friday

    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 from the upper legislative chamber.

    The first suit, marked: FHC/ABJ/CS/567/2017, was filed by Melaye, while the second, marked: FHC/ABJ/601/2017, was filed by the Kogi State Chapter of the All Progressive Congress (APC) and 12 others.

    The other plaintiffs in the second suit are – Alhaji ‎Haddy Ametuo, Hon. 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, since the cases were on  same issue.

    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 filed by five persons – Afolabi Lydia Olufunke, Mrs. Iyabose Owolabi, Sanya Grace Folake, Salihu Abubakar Abdullahi and Micheal Olowolaiyemo, who identified themselves as registered voters from Kogi West.

    They were joined as co-plaintiffs in the suit by Melaye.

     

  • ‘Ekweremadu wrong on Melaye’s recall’

    ‘Ekweremadu wrong on Melaye’s recall’

    Legal Adviser to the Okun Development Association in Lagos and the Southwest, Boyede Ogun, has faulted Deputy Senate President Ike Ekweremadu’s views on efforts to recall Senator Dino Melaye by his constituents.

    Ogun said Ekweremadu’s alleged description of the process as “an exercise in futility” and a “waste of precious time” were incorrect in law.

    Last Friday, the Independent National Electoral Commission (INEC) prayed the Abuja Federal High Court to vacate an interim order obtained by Melaye suspending his recall.

    Justice John Tsoho ordered parties in the recall process to maintain the status quo until September 29.

    “They are just wasting precious time because the Constitution is clear on what should happen. It is possible that the Attorney-General of Kogi State has not advised them properly,” Ogun quoted Ekweremadu as saying.

    But the lawyer noted that the combined provisions of Sections 68(h) and 69 of the 1999 Constitution, and INEC’s regulations, make the recall process valid.

    Ogun said: “My position is that in line with the provisions of the 1999 Constitution, as amended, the recall is both a constitutional and a procedural matter.

    “It is constitutional in the sense that if the provisions of Sections 68(h) and 69 of the 1999 Constitution are read together with INEC’s regulations for the recall of a lawmaker, he/she stands recalled upon INEC’s confirmation of a majority vote in the result.

    “If INEC follows the procedure strictly and all the verifications are genuine, I sincerely disagree with Deputy Senate President Ike Ekweremadu that the Senate can still refuse to recall Dino Melaye.

    “If INEC fulfils the conditions precedent towards the recall, as provided for in the Constitution and INEC Regulation, the Senate cannot refuse to assent to the recall.”

    Ogun said Ekweremadu’s comments suggested that “the right and interest of the voters in Kogi West, whether right or wrong, will not be protected by the Senate”.

    The lawyer said the allegation that the Kogi State government spent over N10 million on adverts on the recall, and that it was sponsoring the process “cannot be substantiated and it amounts to hearsay”.

     

     

     

  • Melaye’s recall: INEC asks court to set aside interim order

    Melaye’s recall: INEC asks court to set aside interim order

    …Seeks prompt hearing of suit by Senator

     

    The Independent National Electoral Commission (INEC) has prayed a Federal High Court in Abuja to set aside its July 6 order directing parties in a suit by Dino Melaye, a Senator from Kogi State, to maintain status quo pending the determination of the plaintiff’s motion on notice.

    INEC has also urged the court to discard Melaye’s motion on notice for interlocutory injunction and proceed to promptly determine the substantive case on the grounds that time was of the essence, as it (INEC) has 90 days under Section 69 of the Constitution, within which to conduct a referendum for Melaye’s recall having received a petition from the Senator’s district to that effect.

    It argued that it does no one any good for the court to waste its precious time considering Melaye’s motion on notice for interlocutory injunction when it could safely proceed to hear and determine Melaye’s main case filed on June 23, 2017.

    INEC’s said these in three separate documents it filed on July 14, which were brought to the court’s attention Thursday.

    The documents include a summons for accelerated hearing of the case marked: FHC/ABJ/CS/567/2017; motion on notice for and order setting aside the order made on June 6 and defendant’s counter-affidavit against plaintiff’s originating summons filed on June 23, 2017.

    INEC said the order made in its absence has served the sole purpose of preventing it from performing its constitutional responsibilities. It said it had planned to make public its report of the verification on August 19.

    It noted, “in a supporting affidavit, that the court, having made the order directing all parties to “maintain the status quo as it stands today 6th July 2017 pending the hearing of the plaintiff’s motion on notice,” the court adjourned to September 29 for hearing.

    INEC accused Melaye of misrepresenting facts and suppressing material facts in allegedly misleading the court to grant the ex-parte order.

    It added: “Since the ex-parte interim order of injunction to maintain status quo was served on the defendant/applicant (INEC) on 10th July 2017, the order has hindered the defendant from further action on the recall process notwithstanding the fact that time is of the essence in carrying out its duties.

    INEC argued that under Section 69 of the Constitution, it has the duty to process the petition against Melaye and conduct a referendum with 90 day, a duty it believed the court cannot stop under any guise.

    “The defendant has 90 days from June 21, 2017 (when it received the petition for Melaye’s recall) to conduct referendum in line with the approved time table and schedule of activities for the recall of the Senator representing Kogi Wets Senatorial District of Kogi State (Melaye) and the period of 90 days will lapse on September 18, 2017.

    “The last day for submission of application by interested observers, last day for submission of names of verification agents for the member sought to be recalled, stakeholders meeting, conduct of verification and declaration of the outcome of verification have been slated to hold on July 31, August 10, 15 and 19.”

    Attacking the competence of Melaye’s suit, INEC noted that it was merely predicated on questions bordering on the propriety or otherwise of the petition for his recall by registered voters in his senatorial district.

    It added: “The plaintiff has no legal right in the matter of the petition to seek for any order of this court to restrain the defendant from performing its duties. The plaintiff will not be prejudiced if the reliefs sought for in the originating summons is refused and dismissed as the balance of convenience is not in favour of the plaintiff.

    Thursday, INEC’s lawyer, Suleiman Ibrahim informed the court about the three documents filed by his client. Lawyer to Melaye, Nkem Okoro confirmed that he has been served with the documents.

    Okoro said the documents were served on him on Tuesday and that he was entitled to seven days under the court’s rules to respond to the three motions.

    Trial judge, Justice Nnamdi Dimgba agreed with Okoro and adjourned to July 27 for hearing.

     

  • Melaye: Stop INEC, Kogi APC tells court

    Melaye: Stop INEC, Kogi APC tells court

    •Fictitious names in petition, says party

    The Kogi State chapter of the All Progressives Congress (APC) yesterday served the Independent National Electoral Commission (INEC) the notice of a lawsuit against the agency on Senator Dino Melaye’s recall process.

    In an originating summon brought pursuant to Sections 65(2)(b), 68 and 69 of the Constitution, and Order 3, Rule 9, Federal High Court Civil Procedure Rules, 2009, the Kogi APC and 12 principal officers accused INEC of commencing a Melaye recall process based on a fictitious petition, which contained names of dead persons.

    Joined as Plaintiffs with the APC are: Alhaji Haddy Ametuo, Hon. Shaibu Osune. S.T. Adejo, Yahaya Ismaila, Isah Daniel, Chief Gbenga Ashagun, Ahovi Ibrahim, Ghali Usman, Isa Abubakar, I. Molemodile, Abubakar Adamu and Daniel Sekpe.

    The plaintiffs as the chairman and other principal officers of the APC in Kogi, filed the suit for themselves and on behalf of the party’s working committee.

    Raising seven issues for determination, they prayed the court to within 30 days, make an order of injunction restraining INEC, either by itself or through its servants, employees, agents and privies from commencing or continuing or completing the process of recall of the party’s sponsored member representing Kogi West.

    They want the court to rule that the petition submitted to  INEC Chairman for the recall of Melaye was illegal, unlawful, wrongful, unconstitutional, null, void and of no effect whatsoever.

    They are seeking a declaration that the recall process initiated vide a purported petition against the party’s sponsored member of the Senate by some of his constituents pursuant to Section 69 of the Constitution was illegal, unlawful, wrongful, unconstitutional, null, void and of no effect whatsoever for being contrary and in contravention of the rules of natural justice and the constitutionally guaranteed right to fair hearing under Section 36 of the Constitution.

    The plaintiffs also want a declaration that the purported petition submitted to INEC was incompetent, invalid, null, void and of no effect whatsoever, having been purportedly written by persons who are either dead, fictitious, non-existent or those from outside Kogi West Senatorial District or constituency.

    They also urged the court to restrain INEC from conducting any referendum based on the petition presented and signed by “dead, fictitious and purported constituents of Kogi West”.

    In an affidavit to support the motion Ametuo said Melaye was a good representative of Kogi West Senatorial District and APC, adding that he had discharged his legislative and oversight duties diligently.

    According to him, Melaye’s recall was initiated and occasioned by malice, bad faith and witch hunt, adding that those who purportedly signed the petition were either dead, non-existent or persons not registered members of Kogi West.

    Ametuo added that one Abubakar Abdullahi, who died on January 14, 2013, and Lami Musa who passed on October 31, 2014, were purported signatories to the alleged petition for Melaye’s recall.

     

     

  • INEC to vacate order stopping Melaye’s recall

    INEC to vacate order stopping Melaye’s recall

    The Independent National Electoral Commission (INEC) yesterday did a U-turn on the recall process of the senator representing Kogi West, Dino Melaye. INEC, in a statement yesterday, said it would comply with the court order halting the recall process.

    The commission, however, vowed to vacate the order and at the same time, drew the attention of the chief justice to the court order stopping it from conducting the referendum for the recall process.

    A  Federal High Court, Abuja had directed the parties on the recall issue to maintain the status quo till the determination of the motion on notice challenging the recall process.

    INEC had notified Melaye of receipt of a petition for his recall, which prompted the senator to approach the court seeking an injunction against the commission, which he got.

    But the commission went ahead with the process by announcing a timetable for the recall process.

    INEC yesterday, after its weekly meeting, said it would halt the process as ordered by the court.

    Announcing the commission’s decision through a statement, the National Commissioner and Chairman, Information and Voter Education Committee, Prince Adedeji Soyebi, stated that the commission was going to vacate the court order.

    Besides, he stated that INEC was going to draw the attention of the chief justice to the order in view of its effect on the performance of the commission’s constitutional duty.

    The statement reads: “The INEC held its regular weekly meeting today and considered the order given by the Federal High Court, Abuja dated July 6, 2017, directing the “parties to maintain the status quo till the determination of the plaintiff’s motion on notice,” in respect of the suit filed by Senator Dino Melaye, seeking orders of injunction against the commission, to stop it from acting on the petition by the registered voters of Kogi West Senatorial District.

    “As a responsible, law-abiding institution, INEC will comply with the order. However, the commission has also decided to take immediate steps to vacate the court order and for the matter to be heard and determined expeditiously. Whereas, the court adjourned hearing of the Motion on Notice to September 29,2017, it should be noted that Section 69 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) sets a limit of 90 days from the date of the presentation of the petition (June 21, 2017) for the exercise to be completed.

    “The commission further decided to draw the attention of the Chief Justice of Nigeria to the order in view of its effect on the performance of the commission’s constitutional duty to conduct the referendum for the recall in Kogi West.”

    The meeting, Soyebi said, “approved a policy of comprehensive audit after all elections. This is in line with its commitment of ensuring transparency and overall improvement of the electoral process”.

  • Melaye’s recall: INEC yet to get court ruling, goes ahead with process

    Melaye’s recall: INEC yet to get court ruling, goes ahead with process

    The Independent National Electoral Commission( INEC) yesterday said it is going ahead with the timetable for the recall process for Senator Dino Melaye because it has not been served any court ruling or process.

    The recall process is expected to begin on Monday.

    Justice John Tsoho of the Federal High Court, Abuja had on Thursday rejected Melaye’s ex-parte motion for a temporary injunction to restrain the INEC from proceeding with the recall process.

    Tsoho only asked the parties to maintain the status quo pending the hearing of the Motion on Notice.

    According to a top official of the electoral commission, who spoke with our correspondent at about 6pm yesterday, the recall process will go ahead.

    The source said: “As at the close of work, we were not served any order, ruling or a process from the Federal High Court.

    “Even if we had received any order from the court, our legal unit will still advise us on what the status quo means. We cannot act in vacuum.

    “Certainly, we are adhering to our timetable on the recall process. We are going ahead from Monday.

    “Any time we get a court order to stop the process, we will comply immediately.”

    The timetable released by the INEC for Melaye’s recall process will run from July 10 to August 19.

    The notice, dated July 3, reads in part: “In exercise of the powers conferred on the Independent National Electoral Commission (“the Commission”) by Sections 69 and 110 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); Section 116 of the Electoral  Act 2010(as amended) and of all the powers enabling it in that behalf, the Commission hereby issues this timetable schedule of activities for the recall of the Senator representing Kogi West Senatorial District, Kogi State.”

    The details of the timetable are as follows:

    •   Notice of Verification (July 10). To be posted at the constituency (INEC LGA Office, Lokoja).
    •   Last day for submission of application by interested observers ( July 31). INEC headquarters.
    •   Last day for submission of names of verification agents for the member sought to be recalled and the petitioners (August10). By a letter addressed and submitted to the Resident Electoral Commission (REC) indicating the polling unit verification agents arranged by LGAs as well as collation agents and where they will serve.
    •   Stakeholders meeting ( August 15). INEC State Office.
    •   Conduct of Verification (August19). To be held in the polling units in the constituency.

    “The commission shall issue the timetable and schedule of activities for the conduct of referendum subject to the outcome of the verification exercise.”

  • Court refuses to stop INEC on Melaye’s recall

    Court refuses to stop INEC on Melaye’s recall

    Embattled Senator Dino Melaye failed on Thursday in his bid to stop the ongoing recall process by the Independent National Electoral Commission (INEC).

    Justice John Tsoho in an ex-parte ruling rejected Melaye’s motion for a temporary injunction restraining INEC from proceeding with the recall process until the determination of suit challenging his recall.

    Instead, the judge ordered parties in the case to “maintain status quo pending the hearing of the motion on notice.”

    Chief Mike Ozekhome (SAN) argued Melaye’s ex-parte motion.

    The judge adjourned till September 29 hearing of Melaye’s motion on notice and applications filed by three individuals, led by Chief Cornelius Olowo, who applied to be made parties in the suit.

    In the main suit marked: FHC/ABJ/CS/587/2017, with INEC as the only defendant, Melaye faulted the recall process, saying it was tainted with political malice and initiated by his political enemies.

    The Senator denied any wrongdoing and claimed he was being targeted for standing up for the oppressed in Kagi State and the many workers who have not been paid salaries by the state government.

    Melaye is praying the court to declare the petition submitted to INEC Chairman, Prof. Yakubu Mahmood, as “illegal, unlawful, wrongful, unconstitutional, invalid, null, void and of no effect whatsoever.”

    He also wants the court to void the recall process because it was commenced in breach of his fundamental right to fair hearing.

     

  • Melaye’s recall: INEC is wasting its time – Senate

    Melaye’s recall: INEC is wasting its time – Senate

    The Senate yesterday dared the Independent National Electoral Commission (INEC) to go ahead with the recall of Senator Dino Melaye (Kogi West), as demanded by his constituents.

    The electoral agency is embarking on an exercise in futility, the lawmakers said.

    The Senate said the various stages passed so far in the process were not in line with laid down constitutional procedures and guidelines, adding that it amounted to a waste of time by all the parties involved.

    This resolution followed a point of order raised against the move by Melaye.

    Melaye drew the attention of the Senate to what he described as “supersonic move” by INEC to conclude work on the recall petitions written against him by some of his constituents, who he alleged were sponsored by Kogi State Governor Yahaya Bello.

    Melaye said: “The score of both valid and invalid votes in the election that brought me into the Senate in 2015 was 118,000 but my governor and his appointees in four days claimed they got signatures of over 188,000.

    They got INEC data base of registered voters and copied in one writing into a recall register and forged all the signatures. As I speak to you, over 120 dead certificates issued by the National Population Commission and these people’s relations and families have sworn to affidavits and these certificates have been deposited.

    “The names of all these dead people appeared on the recall register submitted to INEC.

    “116 of my constituents have sworn to affidavits that their names and signatures appeared in the recall registers and that they did not sign.

    “86 of my constituents have sworn to an affidavit that they were approached and that the government wants to carry out a fertiliser empowerment programme and requested for their PVCs and thereby deceived them into putting their names in the recall register.”

    Deputy Senate President Ike Ekweremadu cited Sections 68, 69 and other relevant provisions of the 1999 Constitution to fault the move. He wondered why INEC is not following the laid down procedure in carrying out the exercise.

    Ekweremadu said: “I am wondering why we are dissipating energy on this matter and wasting precious legislative time on a matter we should not.

    “What is happening in Kogi in respect of Senator Dino Melaye, as far as this constitution is concerned, is an exercise in futility. They are just wasting precious time because the constitution is clear on what should happen.

    Saraki, Ekweremadu

    “It is possible that the Attorney- General of Kogi State has not advised them properly. If he had done that, I am sure they would have applied their time to more meaningful ventures in Kogi State.”

    Ekweremadu added that the National Assembly, in 2010, amended the constitution in respect of Section 69, which deals wit the recall of a lawmaker.

    According to him, the Section clearly states that those who are seeking to recall Melaye are supposed to line up somewhere in Kogi State with him and his lawyers, with each person verifying his signature.

    When they are done with that, they go back to Section 68, which states that the President of the Senate receives from the chairman of INEC the recall of the member. They would also present evidence satisfactory to the House or the Senate.

    “So they need to come back here and convince each and every one of us that they have done the correct thing. Unless they do that, they cannot even give effect to it. So why are we wasting our time? Let us move on and allow them to waste their time,” Ekweremadu said.

    Senate President Bukola Saraki said: “As they say, 10 years is no joke in leadership, the Deputy Senate President has explained the processes. So, let the process speak for itself.

    ”I really don’t know why a lot of efforts are being wasted that should have gone into more important things. Eventually, it must come back here for us to decide whether it is satisfactory or not.”

     

  • Senate dares INEC on Melaye’s recall

    Senate dares INEC on Melaye’s recall

    …Says exercise a waste of time

    The Senate on Tuesday dared the Independent National Electoral Commission (INEC) over the commission’s decision to go ahead with the recall of Senator Dino Melaye (Kogi West) as demanded by his constituents.

    Describing the recall move as effort in futility, the Senate said the various stages passed so far in the exercise as facilitated by INEC were not in line with laid down constitutional procedures and guidelines.

    The lawmakers declared that it amounts to a waste of time by all the parties involved.

    This resolution followed a point of order raised against the move by Senator Melaye himself.

    Melaye drew the attention of the Senate to what he described as “supersonic move” by INEC to conclude work on the recall petitions written against him by some of his constituents, who he alleged were sponsored by the State Governor, Alhaji Yahaya Bello.

    Melaye said, “The score of both valid and invalid votes in the election that brought me into the Senate in 2015 was 118,000 but my governor and his appointees in four days claimed they got signatures of over 188,000.

    “They got INEC data base of registered voters and copied in one writing into a recall register and forged all the signatures. As I speak to you, over 120 dead certificates issued by the National Population Commission and these people’s relations and families have sworn to affidavits and these certificates have been deposited.

    “The names of all these dead people appeared on the recall register submitted to INEC. 116 of my constituents have sworn to affidavits that their names and signatures appeared in the recall registers and that they were not the ones that signed it.

    “86 of my constituents have sworn to an affidavit that they were approached and that the government wants to carry out a fertilizer empowerment programme and requested for their PVCs and thereby deceived them into putting their names in the recall register”.

    Consequently the Deputy Senate President, Ike Ekweremadu cited Sections 68, 69 and other relevant provisions  of the 1999 Constitution to fault the move. He wondered why INEC is not following the laid down procedure in carrying out the exercise.

    Ekweremadu said, “I am wondering why we are dissipating energy on this matter and wasting precious legislative time on a matter we should not.

    “What is happening in Kogi in respect of Senator Dino Melaye, as far as this constitution is concerned, is an exercise in futility. They are just wasting precious time because the constitution is clear on what should happen.

    “It is possible that the Attorney- General of Kogi State has not advised them properly. If he had done that, I am sure they would have applied their time to more meaningful ventures in Kogi State.

    Ekweremadu added that National Assembly, in 2010, amended the constitution in respect of Section 69, which deals with recall process of a federal lawmaker.

    According to him, the Section clearly stated that the numbers of those who are seeking to recall Senator Melaye from the Senate are supposed to line up somewhere in Kogi State with him and his lawyers, with each person verifying their signature.

    “When they are done with that they go back to Section 68, which states that the President of the Senate receives from the chairman of INEC the recall of the member. They would also present evidence satisfactory to the House or the Senate.

    “So they need to come back here and convince each and every one of us that they have done the correct thing. Unless they do that, they cannot even give effect to it. So why are we wasting our time. Let us move on and allow them to waste their time”, Ekweremadu said.

    In his contribution, the Senate President, Dr. Bukola Saraki, said, “As they say, 10 years is no joke in leadership, the Deputy Senate President has explained the processes. So let the process speak for itself.

    “I really don’t know why a lot of efforts are being wasted that should have gone into more important things. Eventually, it must come back here for us to decide whether it is satisfactory or not”.

     

  • INEC releases timetable for Melaye’s recall

    INEC releases timetable for Melaye’s recall

    The Chairman of the Senate Committee on Federal Capital Territory, Sen. Dino Melaye yesterday appeared to have lost the battle to stop the process of his recall from the Upper Chamber.

    He is the first member of the National Assembly to face the recall process since the return of democracy in 1999.

    The Independent National Electoral Commission (INEC) has released the timetable for Melaye’s recall.

    The recall process will run from July 10 to August 19.

    There were indications last night that security agencies have been put on the alert to ensure a hitch-free recall process.

    According to a notice signed by the Secretary to INEC, Mrs. Augusta C. Ogakwu, the recall process has been initiated in line with the provisions of 1999 Constitution and the Electoral Act 2010(as amended).

    The notice, dated July 3, reads in part: “In exercise of the powers conferred on the Independent National Electoral Commission by Sections 69 and 110 of the Constitution of the Federal Republic of Nigeria, 1999(as amended); Section 116 of the Electoral  Act 2010(as amended) and of all the powers enabling it in that behalf, the commission hereby issues this timetable schedule of activities for the recall of the Senator representing Kogi West Senatorial District, Kogi State.”

    The details of the timetable are as follows:

    • Notice of Verification (July 10, 2017). To be posted at the constituency (INEC LGA office, Lokoja).
    • Last day for submission of application by interested observers (July 31, 2017) INEC headquarters.
    • Last day for submission of names of verification agents for the member sought to be recalled and the petitioners (August 10, 2017). By a letter addressed and submitted to the Resident Electoral Commission (REC) indicating the Polling Unit verification agents arranged by LGAs as well as collation agents and where they will serve.
    • Stakeholders meeting (August 15, 2017) atINEC State Office.
    • Conduct of Verification (August 19, 2017). To be held in the Polling Units in the constituency.

    “The commission shall issue the timetable and schedule of activities for the conduct of referendum subject to the outcome of the verification exercise.”

    As at the press time, there were indications that security agencies have been put on the alert to ensure a hitch-free recall exercise.