The Independent National Electoral Commission (INEC) on Thursday withdrew its motion seeking a court order to serve the recall petition on Sen. Dino Melaye through substituted means rather than personal service. Justice Nnamdi Dimgba of the Federal High Court, Abuja, struck out the motion after INEC’s counsel, Mr Yunus Usman (SAN), announced the withdrawal in court.
In striking the motion, Dimgba directed that all issues pertaining to the case should thereafter be taken to the Court of Appeal. He noted that since Melaye’s appeal against the Sept. 11 judgment of the court had been entered at the Appellate court; all pending applications should be taken there. The judge added that the application filed by Melaye, the senator representing Kogi West, for a stay of execution of the verdict, should also be taken to the court.
INEC had on Sept. 15 filed the ex-parte motion seeking substituted service of the recall petition on Melaye. The motion was filed following the alleged refusal of the embattled senator to accept service of the petition and other accompanying documents as earlier ordered by the court on Sept. 11. At the resumed hearing, INEC’s counsel had urged the court to hear the ex-parte motion, but Melaye’s counsel, Mr Nkem Okoro, opposed the hearing.
Photo Creedit: Getty
