Senator representing Kogi West, Dino Melaye on Monday has said the Independent National Electoral Commission (INEC) cannot continue with his recall process.
It could be recalled that the senator, who represents Kogi West Senatorial District, is facing a recall by his constituents who in a petition on June 23, 2017, called on INEC to recall him. He was accused of poor of representation of the constituency at the Senate.
Melaye then 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.
Speaking with journalists in Abuja on Monday, Melaye said, “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,”.
“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 am not evading the service of any purported petition on me by INEC.
“As a matter of fact, my lawyer, Chief Mike Ozekhome, served INEC a notice to produce the said petition in the course of hearing of this matter but INEC failed to produce the petition in court.
“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.
“In view of the lapse of time, I shall no longer be in a haste to take any further step in this matter so as not to aid any party, especially INEC in breaching the Constitution,’’