Senator Dino Melaye has denied
claims that he was evading the service of petition and timetable for his recall
from the Senate, by the Independent National Electoral Commission (INEC).
The senator representing Kogi
West Senatorial District, is facing a recall by his constituents who in a
petition on June 23, 2017, called on INEC to recall him.
On Monday, Melaye told newsmen
that accepting any “purported’’ petition from INEC would amount to breaching
the 1999 Constitution (amended).
“It is clear that by the
provisions of Section 69(b) of the 1999 Constitution, INEC must act on the
petition purportedly presented to it on June 23, 2017 by conducting a
referendum within 90 days of receipt of the petition.
“The 90 days period as provided
for in the Constitution for conducting the referendum after our verification,
elapsed on Sept. 23, 2017.
“The time having elapsed, I
cannot under the circumstance, aid and abet INEC to further infringe on the provisions
of the Constitution, which I have sworn to defend,” he said.
The lawmaker pointed out that his
position on the matter had been affirmed by various Supreme Court decisions.
“The trial judge failed to
respect that provision of the Constitution when he elongated 90 days provided
for, saying the process was paused when the interim order for maintenance of
status quo was granted.
“I am not evading the service of
any purported petition on me by INEC.
“As a matter of fact, my lawyer,
Chief Mike Ozekhome, served INEC a notice to produce the said petition in the
course of hearing of this matter but INEC failed to produce the petition in
court.
“I have also instructed my lawyer
to challenge the jurisdiction of the trial court to entertain an ex parte
application for the service on me.
“In view of the lapse of time, I
shall no longer be in a haste to take any further step in this matter so as not
to aid any party, especially INEC in breaching the Constitution,” Melaye added.Senator Dino Melaye has denied
claims that he was evading the service of petition and timetable for his recall
from the Senate, by the Independent National Electoral Commission (INEC).
The senator representing Kogi
West Senatorial District, is facing a recall by his constituents who in a
petition on June 23, 2017, called on INEC to recall him.
On Monday, Melaye told newsmen
that accepting any “purported’’ petition from INEC would amount to breaching
the 1999 Constitution (amended).
“It is clear that by the
provisions of Section 69(b) of the 1999 Constitution, INEC must act on the
petition purportedly presented to it on June 23, 2017 by conducting a
referendum within 90 days of receipt of the petition.
“The 90 days period as provided
for in the Constitution for conducting the referendum after our verification,
elapsed on Sept. 23, 2017.
“The time having elapsed, I
cannot under the circumstance, aid and abet INEC to further infringe on the provisions
of the Constitution, which I have sworn to defend,” he said.
The lawmaker pointed out that his
position on the matter had been affirmed by various Supreme Court decisions.
“The trial judge failed to
respect that provision of the Constitution when he elongated 90 days provided
for, saying the process was paused when the interim order for maintenance of
status quo was granted.
“I am not evading the service of
any purported petition on me by INEC.
“As a matter of fact, my lawyer,
Chief Mike Ozekhome, served INEC a notice to produce the said petition in the
course of hearing of this matter but INEC failed to produce the petition in
court.
“I have also instructed my lawyer
to challenge the jurisdiction of the trial court to entertain an ex parte
application for the service on me.
“In view of the lapse of time, I
shall no longer be in a haste to take any further step in this matter so as not
to aid any party, especially INEC in breaching the Constitution,” Melaye added.
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