Recall: Melaye Knows Fate Sept 11

The senator representing Kogi West, Dino Melaye will know on September 11 whether he can abort the process to recall him from the National Assembly.

Melaye had rushed to court to stop the Independent National Electoral Commission (INEC) which was already verifying the signatures on the recall documents, to stop the recall process.

The Federal High Court, Abuja, yesterday, fixed the date for its judgment on the suit.

The date coincides with the 16th anniversary of the terror attack on the World Trade Centre in New York.

Justice Nnamdi Dimgba gave the ruling four days after  consolidating the two suits challenging the recall.

Dimgba allowed the suits filed by Melaye and the All Progressives Congress (APC) to be consolidated, to avoid having conflicting judgments since the subject of both suits is the same.

The application to consolidate the APC suit to the one filed by Melaye was brought by counsel to the party, O.D. Atoyebi.

Dimgba said that he was mindful to grant the application which was formerly before Justice John Tsoho, in order to avoid conflicting judgments.

He therefore, directed the APC lawyer to serve all processes on all the parties.

Dimgba had earlier granted the application of some interested parties seeking to join the suit as defendants and plaintiff respectively.

The petitioners, Olowo Cornelius, John Ajorin and Malam Yusuf Adamu had sought to be joined as co-defendants, while Michael Olowoleyemo, applied to be joined as co-plaintiff.

Ruling on the applications argued by Anthony Adeniyi for parties seeking to be joined as defendants, the court held that joining the parties was for “effectual and complete” adjudication of the matter.

Justice Dimgba said that it was in the interest of justice that the parties be joined since the issue at stake affected their interests.

It would be recalled that INEC commenced Melaye’s recall following the receipt of a petition from members of his constituency demanding his recall.

Melaye, however, approached the court seeking an order stopping INEC from going ahead with the recall process, pending the determination of a suit he had filed challenging his recall.

Melaye, in the suit, alleged irregularities and fraud in the petition.

The APC filed a similar suit, seeking to stop INEC from recalling Melaye, which was adjourned till September 29.