The Independent National Electoral Commission (INEC) on Thursday withdrew its motion asking the Federal High Court in Abuja to allow it serve the recall petition on Kogi West Senator, Dino Melaye, through substituted means.
INEC’s lawyer, Yunus Ustaz (SAN), announced the withdrawal in court on Thursday, after which Justice Dimgba struck out the motion.
He directed that all issues pertaining to the case should thereafter be taken to the Court of Appeal.
The judge added that Melaye’s appeal against the court’s September 11 judgment of the court had been entered at the Court of Appeal.
Recall that INEC had on September 15, filed the ex parte motion seeking substituted service of the recall petition on Melaye, following alleged refusal of senator to accept service of the petition.
Melaye had also refused to meet INEC officials at the National Assembly and rushed into his car after the documents were dumped in front of his office.