The Independent National Electoral Commission, on Thursday, withdrew its motion seeking an order of the Federal High Court in Abuja allowing it to serve the recall petition on Kogi West Senator, Dino Melaye.
Justice Nnamdi Dimgba struck out the motion after INEC’s lawyer, Mr. Yunus Ustaz (SAN), announced the withdrawal in court on Thursday.
The judge also 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 September 11 judgment of the court had been entered at the Court of Appeal, all pending applications, including the one filed by Melaye for stay of execution of the verdict, should be taken to the appellate court.
He added that his judgment being on a “novel” issue of recall in the Nigerian courts, it was better to be allowed to be resolved by the Court of Appeal.
INEC had, on September 15, filed the ex parte motion, seeking substituted service of the recall petition on Melaye, following alleged refusal of the Senator to accept service of the petition and other accompanying documents as earlier ordered by the court on September 11. Read more