The All Progressives Congress, APC, has instituted a suit before a Federal High Court sitting in Lagos, against the Independent National Electoral Commission (INEC), over the commissions’ planned recall of Senator Dino Melaye, the senator representing Kogi West senatorial district in the National Assembly.
The ruling APC party said the electoral umpire has denied Melaye fair hearing.
APC said the moves by INEC is illegal, unlawful, wrongful, unconstitutional, null, void and of no effect whatsoever for being contrary and in contravention of the rules of natural justice and constitutionally guaranteed right to fair hearing under section 36 of the 1999 constitution (as amended).
Other plaintiffs in the case are Alhaji Haddy Ametuo, Shaibu Osune, S.T. Adejo, Yahaya Ismail, Isah Daniel, Chief Gbenga Asagun, Ahovi Ibrahim, Ghali Usman, Isa Abubakar, I.Molemodile, Abubakar Adamu and Daniel Sekpe, chairman and principal officers of APC in Kogi State. The plaintiffs are praying the court to determine: “Whether upon a proper interpretation of the provisions of Sections 65 (2) (b), 68 (1) (g) and 69 of the 1999 Constitution (as amended), the first plaintiff’s sponsored member, Senator Melaye, to the Senate is not entitled to a fair hearing before the process of his recall as contemplated by the provisions of the aforesaid section 69 of the 1999 Constitution (as amended) is initiated or commenced. Sen. Dino Melaye
“Whether by the provisions of Sections 68 and 69 of the 1999 Constitution (as amended), Senator Melaye, the plaintiffs party’s sponsored member to the Senate can be validly recalled from the Senate upon an invalid petition presented to the chairman of INEC. “Whether the process of recall of Senator Melaye by a sponsored member of the plaintiffs party as envisaged by the provisions of section 69 of the 1999 constitution (as amended) can be valid and proper based upon a petition purportedly signed by fictitious persons, dead persons, persons who are not members of Kogi West senatorial district or constituency and with the same and similar hand writing belonging to a few persons.
“Whether in the face of a shortfall or less the number of the registered and qualified voters who allegedly signed the petition in contrast to the provisions of the section 69 (a) of the constitution, the process of recall of Senator Melaye can validly and properly be commenced under the provisions of section 69 of the 1999 constitution (as amended).” They are consequently asking the court to declare that the petition presented to the Chairman of INEC for the recall of Senator Melaye, the plaintiffs sponsored member of the Senate is illegal, unlawful, wrongful, unconstitutional, null, void and of no effect whatsoever.
“A declaration that the recall process initiated vide a purported petition against the plaintiffs sponsored senator by some of his constituents pursuant to section 69 of the 1999 constitution ( as amended) is illegal, unlawful, wrongful, unconstitutional, null, void and of no effect whatsoever for being contrary and in contravention of the rules of natural justice and constitutionally guaranteed right to fair hearing under section 36 of the 1999 constitution (as amended).
“An order of injunction restraining INEC acting by itself or through its servants, employees, agents and privies from commencing or continuing or completing the process of recall of the plaintiffs sponsored senator.
“An order of injunction restraining INEC acting by its self or through its servants, employees, agents and privies from commencing or further continuing to act on the purported petition presented to it by some constituents of the plaintiffs sponsored member representing the Kogi West senatorial district.
“An order of injunction restraining INEC acting by its self or through its servants, employees, agents and privies from, conducting any referendum based on the purported petition allegedly presented and signed by dead, fictitious and purported constituents of the plaintiffs sponsored member of the senate for an incompetent and fundamentally defective petition.”
