-Court has directed the recall process of Senator Dino Melaye to a higher court.
-INEC seeks the court approval for substituted service of the documents to the senator.
A Federal High Court sitting in Abuja on Thursday ordered parties involved in Senator Dino Melaye recall process to proceed with the case at the Court of Appeal
The judge, Nnamdi Dimgba, in his ruling ordered parties to take the case to the higher court for further action.
Naija News gathered that the Independent National Electoral Commission, INEC, had returned to the Federal Court to secure an order allowing it to serve Dino Melaye with documents pertaining to the recall process, through substituted means, after the senator declined being served necessary documents.
However, Melaye’s counsel, Nkem Okoro, told the court that his client’s record of appeal at the Appeal Court had already been received and therefore a valid appeal was already pending at the higher court.
The judge questioned the validity of the motion brought by INEC, saying such an application could only be brought pursuant to a matter pending before the lower court. INEC’s lawyer, Yunusa Hustaz, then withdrew the motion.
Read also: Recall: Dino Melaye rejects INEC’s petition
Mr. Dimgba, therefore struck out the appeal brought by INEC.
It would be recalled that INEC commenced the continuation of Melaye’s recall process after the court ordered the commission to proceed with his recall on September 11.
Following the recall process, the court ordered INEC to produce a new timetable and provide Mr. Melaye with the details of all the signatories to the petitions.
But when INEC attempted to serve Mr. Melaye with documents for the continuation of the recall process, the senator refused to receive the document.
Afterwards, INEC returned to court to seek its approval for substituted service of the documents to the senator.
However, INEC may not be able to proceed with the case, until the higher court determines the current application.