A Federal High Court in Abuja has fixed September 11 to determine
whether the Independent National Electoral Commission can abort or
proceed with plans to recall Senator Dino Melaye from the Nigerian
Senate.
Melaye who is representing Kogi West is facing a battle of his life
to stop his recall by his constituents. The Independent National
Electoral Commission was verifying the signatures on the recall
documents when Melaye rushed to the court to stop the process.
Punch reported that Justice Nnamdi Dimgba gave the ruling today,
four days after consolidating the two suits challenging the recall.
Justice Nnamdi Dimgba allowed the suits filed by Melaye and the All
Progressives Congress to be consolidated, to avoid having conflicting
judgments since the subject of both suits was similar.
The application to consolidate the APC suit to the one filed by Melaye was brought by counsel for the party, Mr O.D. Atoyebi.
Dimgba said that he was mindful to grant the application which was
formerly before Justice John Tsoho, in order to avoid conflicting
judgments. He, therefore, directed the APC lawyer to serve all processes
on all the parties. Dimgba had earlier granted the application of some
interested parties seeking to join the suit as defendants and plaintiff
respectively.
Mr. Olowo Cornelius, John Ajorin and Malam Yusuf Adamu (the
petitioners) had sought to be joined as co-defendants, while Michael
Olowoleyemo, applied to be joined as co-plaintiff.
Ruling on the applications argued by Mr. Anthony Adeniyi for
parties seeking to be joined as defendants, the court held that joining
the parties was for “effectual and complete” adjudication of the matter.
Justice Dimgba said that it was in the interest of justice that the
parties be joined since the issue at stake affected their interests.
INEC commenced Melaye’s recall following the receipt of a petition from
members of his constituency demanding his recall. Melaye, however,
approached the court seeking an order stopping INEC from going ahead
with the recall process, pending the determination of a suit he had
filed challenging his recall.
Melaye, in the suit, alleged irregularities and fraud in the petition.
The APC filed a similar suit, seeking to stop INEC from recalling Melaye, which was adjourned until September 29.
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