Senator Dino Melaye will know on 11 September, whether he can abort the process to recall him from the Nigerian Senate.The voluble Melaye, who represents Kogi West, is facing a battle of his life to stop his recall by his constituents. The Independent National Electoral Commission was verifying the signatures on the recall documents, but Melaye rushed to the court to stop the process.
Today, the Federal High Court, Abuja, fixed Sept. 11 for its judgment on the suit, The date coincides with the 16th anniversary of the terror attack on the World Trade Centre in New York.Justice Nnamdi Dimgba gave the ruling today, four days after consolidating the two suits challenging the recall.Justice Nnamdi Dimgba allowed the suits filed by Melaye and the All Progressives Congress (APC) to be consolidated, to avoid having conflicting judgments since the subject of both suits was similar.
The application to consolidate the APC suit to the one filed by Melaye was brought by counsel to the party, Mr O.D. Atoyebi.
Dimgba said that he was mindful to grant the application which was formerly before Justice John Tsoho, in order to avoid conflicting judgments.He, therefore, directed the APC lawyer to serve all processes on all the parties.Dimgba had earlier granted the application of some interested parties seeking to join the suit as defendants and plaintiff respectively.
Mr Olowo Cornelius, John Ajorin and Malam Yusuf Adamu (the petitioners) had sought to be joined as co-defendants, while Michael Olowoleyemo, applied to be joined as co-plaintiff.Ruling on the applications argued by Mr Anthony Adeniyi for parties seeking to be joined as defendants, the court held that joining the parties was for “effectual and complete” adjudication of the matter
Justice Dimgba said that it was in the interest of justice that the parties be joined since the issue at stake affected their interests.INEC commenced Melaye’s recall following the receipt of a petition from members of his constituency demanding his recall.
Melaye, however, approached the court seeking an order stopping INEC from going ahead with the recall process, pending the determination of a suit he had filed challenging his recall. Melaye, in the suit, alleged irregularities and fraud in the petition.
The APC filed a similar suit, seeking to stop INEC from recalling Melaye, which was adjourned until Sept. 29.
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