The Kogi
State chapter of the All Progressives Congress (APC) yesterday served the
Independent National Electoral Commission (INEC) the notice of a lawsuit
against the
agency on Senator Dino Melaye’s recall process.
In an
originating summon brought pursuant to Sections 65(2)(b), 68 and 69 of the
Constitution, and Order 3, Rule 9, Federal High Court Civil Procedure Rules,
2009, the Kogi APC and 12 principal officers accused INEC of commencing a
Melaye recall process based on a fictitious petition, which contained names of
dead persons.
Joined as
Plaintiffs with the APC are: Alhaji Haddy Ametuo, Hon. Shaibu Osune. S.T.
Adejo, Yahaya Ismaila, Isah Daniel, Chief Gbenga Ashagun, Ahovi Ibrahim, Ghali
Usman, Isa Abubakar, I. Molemodile, Abubakar Adamu and Daniel Sekpe.
The
plaintiffs as the chairman and other principal officers of the APC in Kogi,
filed the suit for themselves and on behalf of the party’s working committee.
Raising
seven issues for determination, they prayed the court to within 30 days, make
an order of injunction restraining INEC, either by itself or through its
servants, employees, agents and privies from commencing or continuing or completing
the process of recall of the party’s sponsored member representing Kogi West.
They want
the court to rule that the petition submitted to INEC Chairman for the recall
of Melaye was illegal, unlawful, wrongful, unconstitutional, null, void and of
no effect whatsoever.
They are
seeking a declaration that the recall process initiated vide a purported
petition against the party’s sponsored member of the Senate by some of his
constituents pursuant to Section 69 of the Constitution was illegal, unlawful,
wrongful, unconstitutional, null, void and of no effect whatsoever for being
contrary and in contravention of the rules of natural justice and the
constitutionally guaranteed right to fair hearing under Section 36 of the
Constitution.
The
plaintiffs also want a declaration that the purported petition submitted to
INEC was incompetent, invalid, null, void and of no effect whatsoever, having
been purportedly written by persons who are either dead, fictitious,
non-existent or those from outside Kogi West Senatorial District or
constituency.
They also
urged the court to restrain INEC from conducting any referendum based on the
petition presented and signed by “dead, fictitious and purported constituents
of Kogi West”.
In an
affidavit to support the motion Ametuo said Melaye was a good representative of
Kogi West Senatorial District and APC, adding that he had discharged his
legislative and oversight duties diligently.
According to
him, Melaye’s recall was initiated and occasioned by malice, bad faith and witch
hunt, adding that those who purportedly signed the petition were either dead,
non-existent or persons not registered members of Kogi West.
Ametuo added
that one Abubakar Abdullahi, who died on January 14, 2013, and Lami Musa who
passed on October 31, 2014, were purported signatories to the alleged petition
for Melaye’s recall.
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