Appeal Court To Decide Melaye’s Fate As INEC Withdraws Motion For Substituted Service

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The Independent National Electoral Commission (INEC) on Thursday withdrew its motion seeking an order of the Federal High Court in Abuja to allow it serve the recall petition on the Senator representing Kogi West, Dino Melaye, through substituted means rather than personal service.
Justice Nnamdi Dimgba struck out the motion after counsel of INEC, Mr. Yunus Ustaz (SAN), announced its withdrawal in court on Thursday
Ustaz stated that 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 appellate court.
The INEC lawyer also maintained that the embattled senator had been “dodging” service, as an attempt by the INEC to serve Melaye during the Senate’s plenary on Tuesday also failed.
The judge then directed that all issues pertaining to the case should thereafter be taken to the higher court for further action on the case.
Ustaz agreed with the judge and withdrew the motion. It was then struck out by the judge.
THEWILL recalls that INEC had started the process for the continuation of Melaye’s recall, after Dimgba ordered the commission to proceed with the said recall on September 11.
On September 15, the commission filed the ex parte motion seeking substituted service of the recall petition on Melaye, following alleged refusal of the lawmaker to accept service of the petition and other accompanying documents as earlier ordered by the court on September 11.

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