The recall of Senator Dino Melaye, (Kogi West) from the Nigerian Senate may not scale through as the Independent National Electoral Commission (INEC) withdraws its application seeking an order of a Federal High Court in Abuja to allow it serve the lawmaker a recall petition.
Justice Nnamdi Dimgba of the Federal High Court struck out the motion after INEC’s attorney, Yunus Ustaz (SAN), announced its withdrawal in court on Thursday.
The presiding judge therefore, directed that all issues pertaining to the case should be taken to the Court of Appeal.
Justice Dimgba held that since Melaye’s appeal against the court’s September 11 judgment had been entered at the Court of Appeal, all pending applications, including the ones filed by Melaye for a stay of execution of the verdict, should be taken to the Court of Appeal.
Melaye had earlier told a press conference that the time period for a legitimate recall process according to the constitution had elapsed and therefore, the INEC was acting against constitution by proceeding with the recall process.
Some INEC officials arrived his office on Tuesday to serve him the recall notice but Melaye was not present to receive them.
They were later dumped in front of his office.