Senator Dino Melaye has asked the Appeal Court in Abuja to void the order of a Federal High Court in Abuja, which ordered the Independent National Electoral Commission (INEC) to begin his recall process.
In a fresh application filed Tuesday, Melaye argues that since INEC and the constituents of Kogi West Senatorial District failed to complete the recall process within the 90 days provided by Section 69 (b) of the Constitution which commenced on June 23, 2017 when the alleged petition was received, “renders the entire recall process invalid, null, void, wrongful, illegal, and unconstitutional.”
Melaye (APC, Kogi West) has joined the constituents, who brought the disputed petition, purportedly signed by 188, 588 signatories, to include: Chief Olowo Cornelius, John Anjorin, Afolabi Lydia Olufunke, Sanya Grace Folake, Salihu Abubakar Abdullahi, and Michael Olowolaiyemo.
The application, which was filed by Melaye’s counsel, Mike Ozekhome (SAN), also asked the appellate court to make a perpetual injunction restraining INEC and its agents from taking “steps in or continuing with, or completing the process of recall of the plaintiff on the basis of the purported petition presented to it on the 23rd June, 2017 as the time within which it could continue to act on the said petition as provided for in Section 69 (b) of the Constitution of the Federal Republic of Nigeria 1999 as altered, has elapsed on the 23rd of September, 2017 by effluxion of time.”
