The lawmaker representing Kogi
West Senatorial district, Senator Dino Melaye, has filed an appeal against the
court judgement that granted the continuation of his recall exercise.
This comes two days after Justice
Nnamdi Dimgba of the Federal High Court in Abuja ordered the Independent
National Electoral Commission (INEC) to continue with the process of recalling
the lawmaker.
Hours after the ruling, he
described the judgment as an alleged plan by Governor Yahaya Bello of
Kogi State and INEC to force him out of the Senate.
The appeal was filed on behalf of
Melaye’s lawyer, Mr Mike Ozekhome, on Wednesday at the Federal High Court,
Abuja, Nigeria’s capital territory.
A copy of the document, reveals
that the appeal with suit number “FHC/ABJ/ CS/567/2017” was filed on eight
grounds of “error in law”.
Those listed as respondents in
the suit include INEC, one Mr Olowo Cornelius, and six others.
One of the grounds states that
Justice Dimgba “erred in law” when he validated the petition presented to the
electoral body for the lawmaker’s recall.
“The learned trial judge erred in
law when he held that the petition presented to INEC – the first respondent –
before the court for the recall of the plaintiff (Melaye) was valid, even when
the petition exhibited by INEC was not signed by more than half of the
registered voters in the plaintiff’s constituency, as required by Section 69 of
the 1999 Constitution of the Federal Republic of Nigeria, al altered,” the
document said.
In his reliefs, the lawmaker,
however, asked the court to set aside the judgement delivered by Justice
Dimgba.
He also prayed the court to
declare the petition purportedly presented to INEC for his recall as “Illegal,
unlawful, wrongful, unconstitutional, Invalid, null, void and of no effect
whatsoever”, among other reliefs.
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