Why I Refused To Accept INEC’s Service – Melaye

Senator Dino Melaye, on Monday gave motives why he has refused to simply accept the service of petition from the electoral fee, INEC, for his remember.

Mr. Melaye stated this at the same time as briefing reporters in Abuja on Monday.

The senator, who represents Kogi West Senatorial District, is facing a recall by his constituents who in a petition on June 23, 2017, referred to as on INEC to do not forget him.


He changed into accused of poor of representation of the constituency on the Senate.


On Monday, Mr. Melaye told newshounds that accepting any “purported’’ petition from INEC could quantity to breaching the 1999 charter (Amended).

in step with him, the window supplied by way of the charter for the provider of take into account petition had elapsed and “i might not be seen to be breaching the law.”

The senator’s stance comes in spite of the fact that it turned into his match filed at the court docket that in the end led to INEC postponing the don't forget process, before the Federal high court finally requested that it keeps.

“it is clean that via the provisions of phase 69(b) of the 1999 charter, INEC must act on the petition purportedly supplied to it on June 23, 2017 by way of undertaking a referendum inside 90 days of receipt of the petition,” Mr. Melaye argued.

“The ninety days length as provided for inside the charter for engaging in the referendum after our verification, elapsed on Sept. 23, 2017.

“The time having elapsed, I can not beneath the situation, useful resource and abet INEC to similarly infringe at the provisions of the constitution, which i've sworn to guard,’’ he stated.

The lawmaker pointed out that his position on the matter have been affirmed with the aid of numerous splendid courtroom selections.

He noted the case of Nyako v. Adamawa country residence of meeting and others (2016) and All Nigeria Peoples birthday party (ANPP) v. Alhaji Mohammed Goni and others.

He stated that from the apex court docket’s decision, the charter could not be amended by “mere’’ pronouncement of a courtroom of law.

Mr. Melaye brought that it turned into most effective proper to respect the provision of the charter.

“The trial decide didn't recognize that provision of the constitution when he elongated 90 days furnished for, pronouncing the system was paused while the meantime order for preservation of repute quo was granted.

“i am not evading the carrier of any purported petition on me by INEC.

“As a rely of reality, my lawyer, chief Mike Ozekhome, served INEC a be aware to supply the said petition inside the direction of hearing of this count however INEC failed to produce the petition in court docket.

“i've also advised my legal professional to task the jurisdiction of the trial court docket to entertain an ex parte software for the service on me.

“In view of the lapse of time, I shall no longer be in a haste to take any similarly step in this count number in order no longer to resource any party, specially INEC in breaching the charter,’’ he said.

Melaye stated that having requested his attorney to document enchantment against the judgment by means of the court, he became aware that the problem turned into subjudice.

He brought that it was in view of that that he selected to talk handiest at the “socio-political element’’ of the problem.