Dino Melaye has filed an appeal at the Supreme Court seeking an order restraining the Independent National Electoral Commission from proceeding with his recall from the Senate.
Melaye (APC, Kogi West) has been teetering on the edge after the Court of Appeal on March 16, gave INEC the go ahead to continue with the recall, upturning a suit at the Federal High Court seeking to nullify the process.
In a notice of appeal filed by his Counsel, Mr Mike Ozekome, (SAN), Melaye sought an order of perpetual injunction restraining INEC from commencing or further continuing with his recall or acting on the purported petition.
Calling on the apex court to set aside the March 16 judgment of the Court of Appeal, Melaye claims it was illegal, unlawful, wrongful, unconstitutional, invalid, null and void and of no effect.
In addition, the embattled senator asked the apex court to declare that the 90 days period as provided for under Section 69(b) of the 1999 Constitution as amended had elapsed.
He said the Court of Appeal erred in law when it held that it was not for the court to verify the signature on the petition, but that of INEC.
It would be recalled that the appellate court had in its judgment delivered by Justice Tunde Awotoye, leading two other justices, dismissed all the grounds of appeal filed by Melaye, adding that the 90 days stipulated by the constitution within which a recall process would take place had no time limitation as it could be extended.
Justice Nnamdi Dimgba of the Federal High Court, Abuja, had on Sept. 11, 2017 dismissed a suit filed by Melaye, seeking to stop INEC from initiating his recall from the National Assembly.
Dimgba held that Melaye’s complaints were hasty, premature and presumptuous and therefore ordered the INEC to go ahead with its planned verification.
Melaye is also scheduled to appear in court in Lokoja May 10 after being accused of arming political thugs in his state.