Why INEC cannot continue with my recall process – Melaye

Senator representing Kogi West, Dino Melaye  has said the Independent National Electoral Commission (INEC) has not followed due process in his recall process.

What happened:

  • Melaye’s constituents had accused him of poor representation and started the process of recalling him from the senate.
  • INEC issued a timetable for the recall on July 3 , which included the verification of the signatures of constituents.
  • Melaye, however approached the court to suspend the recall process.
  • However, a Federal High Court in Abuja last week asked INEC to proceed with the recall process.

[Read Also: Melaye appeals court judgment to continue his recall process]

Melaye’s statement:

While speaking with journalists in Abuja on Monday, Melaye said;

  • The window the constitution provides for the service of recall petition had elapsed.
  • That accepting any petition from INEC would be unconstitutional.
  • The 90 days period for conducting the referendum after verification has elapsed.
  • His lawyer has served INEC a notice to produce the initial petition in the course of hearing.

“It is clear that by the provisions of section 69 (b) of the 1999 constitution, INEC must act on the petition purportedly presented to it on June 23, 2017, by conducting a referendum within 90 days of receipt of the petition,” he said.

“The 90 days period as provided for in the constitution for conducting the referendum after our verification, elapsed on September 23, 2017.

“The time having elapsed, I cannot under the circumstance, aid and abet INEC to further infringe on the provisions of the constitution, which I have sworn to defend.

“The trial judge failed to respect that provision of the constitution when he elongated 90 days provided for, saying the process was paused when the interim order for maintenance of status quo was granted.”

“I have also instructed my lawyer to challenge the jurisdiction of the trial court to entertain an ex parte application for the service on me,” he added.

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