In a judgment rendered on Monday, September 11, Justice Nnamdi Dimgba ordered the Independent National Electoral Commission to “proceed with the recall process”.
Dimgba’s ruling effectively puts an end to Justice John Tsoho’s earlier ex-parte order which directed all parties involved to maintain status quo.
NAIJ.com gathers that the presiding judge ordered a continuation of the recall process, subject to the service of the petition and the full list and signatures of the people in support of the process.
Countering the petition filed by the APC senator, the presiding judge stated that his Kogi-West constituents were not mandated to afford him fair hearing before sending their petition to INEC.
However, Dimgba ordered that Melaye be given time to defend the recall process, as he told INEC to issue an amended recall timetable to the senator.
The timetable which would be served on Melaye, would give him a two week period to prepare for his defense.
The judge noted that this action should be done in the spirit of a fair hearing, even though INEC is not mandated to give him such a period to prepare his defense.
Describing Melaye’s suit as being “hasty, premature and presumptuous”, Dimgba noted that INEC had already indicated that it would schedule a period to verify the signatures of the petitioners who called for the senator’s recall from the upper legislative chamber.
The judge also dismissed claims that the number of signatures were not up to the required amount for recall, as he stated that the requirement had been met.
Recall that NAIJ.com previously reported that an Abuja high court stopped the recall of the senator representing Kogi West, Dino Melaye, from the upper legislative chamber.
Melaye had accused Governor Yahaya Bello of Kogi state of being behind the recall process, and called on the Senate to stop the process.