The Court of Appeal has emerged as the new battleground in the attempt to recall Kogi West Senator, Dino Melaye as Independent National Electoral Commission (INEC) on Thursday withdrew its motion seeking an order of court allowing it to serve him the recall petition through substituted service.
Justice Nnamdi Dimgba struck out the motion after INEC’s lawyer, Mr. Yunus Ustaz (SAN), withdrew the application.
The judge also ordered that all issues pertaining to the recall case should henceforth be taken to the Court of Appeal, since Melaye’s appeal against the court’s September 11 judgment of the court had been entered at the Court of Appeal.
The order also affects the case filed by Melaye for stay of execution of the verdict. It should also be taken to the Court of Appeal, the judge said.
INEC had on September 15 approached the court via ex parte motion, seeking substituted service of the recall petition on Melaye.
The embattled senator had refused to accept service of the petition and other accompanying documents as earlier ordered by the court on September 11, INEC alleged.
Mr. Melaye was accused of“dodging” service. The attempt by the INEC to serve him during the Senate’s plenary on Tuesday also failed.
The INEC lawyer had on Thursday prayed Justice Dimgba to hear the ex parte motion, but Melaye’s counsel, Mr. Nkem Okoro opposed it on the grounds that the court no longer had jurisdiction to hear any application concerning the case since his client’s appeal against the September 11 judgment of the court had been filed at the Court of Appeal.
After the judge raised some questions about the propriety of the ex parte motion filed, Mr. Ustaz then withdrew the motion.
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