Senator Dino Melaye, representing Kogi West at the National Assembly on Friday instituted a suit against the Independent National Electoral Commission (INEC) at the Abuja Division of the Federal High Court seeking an order stop his recall from the Senate.
The move comes a day after the electoral body announced that it will begin a recall process on July 3 as demanded by electorates in Melaye’s constituency.
Aggrieved voters from Melaye’s constituency were at the commission’s headquarters in Abuja on Wednesday where they presented their petition on their demand for the recall of the senator.
After accepting receipt of the petition, INEC said in a statement on Thursday, “The next step is to verify that the petitioners are registered voters in Kogi West senatorial district.
“INEC will on July 3, 2017, issue public notice stating dates, time, location and other details for the verification of the exercise.”
But in an originating summons he filed through his lawyer, Mike Ozekhome, the embattled lawmaker prayed the High Court to declare that the petition presented to INEC for his recall was illegal, unlawful, wrongful, unconstitutional, invalid, null and void and of no effect in law.
He also prayed the court for a declaration that the petition purportedly forwarded to the INEC was invalid and of no effect, the same being signed by fictitious, dead and none existing persons in his senatorial district, as well as for an order of injunction restraining INEC from commencing or further continuing or completing the process of his recall.
Besides, Melaye, wants the court to make an order stopping INEC from acting on the petition submitted to it.
In the suit marked FHC/ABJ/CS/567/2017, which he filed pursuant to sections 36,68 and 69 of the 1999 Constitution and Order 3, Rule 6 of the FHC Civil Procedure Rules 2009, Melaye, begged the high court to stop the electoral body from conducting any referendum predicated on the petition submitted to it.
He specifically urged the court to determine whether by provisions of Sections 68 and 69 of the Constitution, he is entitled to a fair hearing before the process of his recall as envisaged by the provisions of Section 69 of the Constitution can be triggered.
No date has been fixed for hearing of the suit.
