Ebun Francis || An Abuja High Court presided over by Justice Dimgba Igwe on Thursday ordered that the matter before him on the recall of the Senator representing Kogi West in the National Assembly, Dino Melaye be moved to the court of appeal.
The Judge’s directive followed the decision of Independent National Electoral Commission (INEC) to withdraw its motion seeking an order of the court, allowing it to serve the recall petition on Melaye through substituted means rather than personal service.
In withdrawing the case, Ustaz, counsel to INEC said since Melaye’s appeal against the September 11 judgment had been entered at the court of appeal, all pending applications, including the ones filed by Melaye for stay of execution of the verdict, should be taken to the court of appeal.
On September 15, INEC filed the ex parte motion seeking substituted service of the recall petition on Melaye, following his alleged refusal to accept service of the petition and other accompanying documents as earlier ordered by the court.
Ustaz also said Melaye had been “dodging” service, as an attempt by the INEC to serve Melaye during the Senate’s plenary on Tuesday also failed.
He had urged Dimgba to hear the ex parte motion, but Nkem Nnamdi, Melaye’s counsel, opposed the hearing on the grounds that the court no longer had jurisdiction to hear any application concerning the case since his client’s appeal against the September 11 judgment of the court had been “entered” at the appeal court.
But Ustaz withdrew the motion after the judge raised some questions about the propriety of the ex parte motion filed after the court had finally disposed of the case by delivering judgment on September 11.