By Lukman Olabiyi
All Progressive Congress (APC) and 12 others have dragged Independent National Electoral Commission (INEC) before the Federal High Court, Abuja , over attempt to recall Senator Dino Melaye from the Senate.
The suit was instituted by APC and 12 others, including Alhaji Haddy A. Ametuo, Hon. Shaibu Osune, S.T Adejo, comm. Yahaya Ade Ismail, Isah Daniel , Chief Gbenga Ashagun, Ahovi S. Ibrahim, Ghali Nd Usman, Isa Abubakar, I. Molemodile, Abubakar Adamu and Daniel Sekpe who are the chairman and other principal officers of the party in Kogi State. They sued for themselves and on behalf of the working committee and other members of the party.
In the suit, the applicants want the court to determine many issues regarding the constitutional provision for the recall of a senator.
Among the issues for determination are; whether upon a proper interpretation of the provision of Sections 65(2) (b). 68(1) (g) and 69 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), APC, which sponsored his member, Sen. Dino Melaye to the Senate of the country, is not entitled to a fair hearing before the process of its member’s recall, as contemplated by the provisions of the aforesaid Section 69 of the constitution, is initiated or commenced.
They are aslo want the court to determine whether Melaye can be validly recalled from the senate upon an alleged invalid petition presented to the chairman of INEC and 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 provision of the 69 (a) of the constitution, the process of recall of Melaye, a sponsored member of the party, can validly and properly be commenced under the mention section of the constitution.
Besides, the applicants want the court to declare that the petition presented by to the chairman of INEC for recall of Melaye from the senate is illegal, unlawful, wrongful, unconstitutional, null, void and of no effect whatsoever.
The suit seeks declaration that the recall process initiated, vide a purported petition against APC sponsored member of the senate by some of his constituency, was not in line with section 69 of the constitution; and that the purported petition submitted to the defendant for the recall of Melaye is incompetent, invalid, null, void and of no effect, whatsoever. The suit was supported with 29 paragraphs of affidavit, deposed to by Alhaji Ametuo, who is the chairman of the party in Kogi State.
The deponent averred that he had the authority and consent of other 12 applicants to depose to the affidavit from the fact within in his knowledge.
He averred that Sen. Melaye who representing Kogi West District at the senate has been very vocal against the anti-people activities, policies and programs of the Kogi State Government such as non payment of salaries to workers for several months, closure of tertiary institutions in the state among others.
He also alleged that the so called petition for the recall of Sen. Melaye was fictitious.