Embattled Senator Dino Melaye says that the 90-day deadline set for
the Independent National Electoral Commission by Section 69 of the 1999
Constitution (as amended) for his recall has expired.
Speaking at a press conference in Abuja yesterday, Melaye said that
the recall process is now null and void going by the provisions of the
constitution.
Recall that in June, members of his constituency signed his recall
register and sent to INEC for his onward recall from the senate. He had
approached the Federal High Court in Abuja to invalidate the process but
the court’s verdict went against his wish.
Speaking at the press conference, Dino Melaye celebrated the obituary
of his recall exercise which he tagged “Made in Taiwan”, suggesting
that it was a fake recall process.
“I celebrate the obituary of the ‘Made in Taiwan’ recall exercise,
while sympathising with the induced petitioners, who will obviously face
charges of forgery and other criminal charges before a court of law
very, very soon.“It is apposite at this point, to give you a brief history or the
political reasons behind the politically motivated recall orchestrated
by Yahaya Bello, the governor of Kogi State and Senator Smart Adeyemi.
It is public knowledge that workers in Kogi State have not received
their salaries for a period of more than six months now prior to 23rd
June 2017. It was on this premise, that I, Senator Dino Melaye, lent my
voice to that of the suffering masses in Kogi State, to call for the
prompt payment of all salaries owed workers in the state and the
reopening of all closed tertiary institutions in the state.Gentlemen of
the press, it is common knowledge, that several attempts were made to
assassinate me as a result of this. It was only after several attempts
at my life failed, that they resorted to this sham process of recall.“On the 23rd day of June, 2017, certain persons claiming to be my
constituents, purportedly submitted a petition to the Independent
National Electoral Commission (INEC) on the ground that they have lost
confidence in me. It would interest you to know that the major ground
for the alleged loss of confidence in me, was that I was constantly
speaking against the Governor of Kogi State, for his high handedness in
the administration of the state.I instructed my lawyer, Chief Mike
Ozekhome, SAN, to file an action in court, challenging the entire
process on several grounds. The processes were duly served on INEC on
the 28th day of June 2017, whereas INEC eventually filed its defence to
the said originating processes one whole month after the service of the
originating processes on it. Despite INEC’s failure to file defence to
my court processes, they suddenly woke up after a court had granted an
order, directing them to maintain status quo pending the hearing of the
Originating Summons. They rushed to court, filed several applications,
inclusive of an application before a brother vacation judge in the
Federal High Court, asking him to interfere with the discretionary
powers of another brother judge, who had already ordered that status quo
be maintained.“I was reliably informed by my Lawyer, Chief Mike Ozekhome, that it
is an elementary principle of law, that a court of coordinate
jurisdiction, cannot sit on appeal over a judgment or order of a brother
judge. It was at this point that I personally felt, that it is either
INEC’s lawyers, are not well versed in the law, or that they are
exhibiting unusual desperation in their avowed determination to unseat
me from the National Assembly, under the close guidance of Governor
Yahaya Bello of Kogi State and Senator Smart Adeyemi. It is pertinent to
state here that the Attorney General and Commissioner for Justice Kogi
State, was physically present in court on the day of judgment, even when
neither him, nor the Kogi State Government was party to the suit.
Indeed the judge glowingly recognized his presence. You are all aware
that the trial court had since delivered its judgment and I have
instructed my lawyer, Chief Mike Ozekhome SAN, to file an appeal against
the said judgment, which he has done.“In this case, INEC received the petition on the 23rd day of June,
2017. The 90 days period, as provided for in the Constitution for
conducting the referendum (after our verification) elapsed by effluxion
of time on the 23rd day of September 2017. The time, as provided for in
the Constitution of the Federal Republic of Nigeria, having elapsed by
effluxion of time, I, Senator Dino Melaye, cannot and shall not under
any circumstance, aid and abet INEC to further desecrate and infringe on
the provisions of the Constitution of the Federal Republic of Nigeria,
which I have sworn to defend” he said