Judge refers Melaye’s recall case to Appeal Court

A Federal High Court in Abuja has directed parties in the planned recall of Senator Dino Melaye from Kogi State to continue with the case at the Court of Appeal

Justice Nnamdi Dimgba gave the directive after striking  out a motion for substituted service filed by the Independent National Electoral Commission at the court

The judge struck out the motion following a request by INEC’s lawyer, Yunus Usman to withdraw the motion on the ground that it was not the  right application to make at the current stage in the case.

INEC had, by the motion dated September 15, 2017, sought the court’s permission to serve, through substituted means, the petition for the recall of Senator Dino Melaye and related documents on him as ordered by the court in its September 11, 2017 judgement.

The court had, in its judgment on the fundamental rights suit, with which Melaye challenged the recall process, ordered INEC to serve Senator Melaye in person with the petition for his recall, accompanying signatures and other documents relating to his recall process.

INEC had filed the motion ex-parte, citing the inability of its officials to personally serve the documents on Melaye personally. It alleged that Melaye has been evading service which informed the commission’s decision to resort to filing the motion for substituted service.

Justice Nnamdi Dimgba notes that since the court has given its final judgment in the case, it could no longer entertain any new applications, particularly when the appeal against the judgment has been filed at the Appeal Court.

The judge said that since there was evidence that Melaye’s appeal before the Appellate Court, his court could no longer entertain any application. He said all further applications should be sent to the Appeal Court.