A FEDERAL High Court in Abuja has directed the Independent National Electoral Commission (INEC) to make further attempt to ensure personal services of documents relating to the recall of Senator Dino Melaye on him.
Justice Nnamdi Dimgba gave the directive yesterday when INEC informed the court about its ex-parte motion for substituted service. INEC said its motion was informed by its inability to serve Melaye with the petition for his recall and other list of voters, who endorsed the petition.
The court had, in a judgment on September 11, in a fundamental rights enforcement application by Melaye, said although it was not mandatory, INEC should avail the senator with the petition and list containing the signature of voters, who signed the petition, to enable the senator prepare for the recall process.
Yesterday, when lawyers to parties appeared before the court, lawyer to INEC, S. O. Ibrahim, told the court about his pending ex-parte motion for substituted service of the petition on Melaye.
Lawyer to Melaye, Nkem Okoro, also told the court that he has filed a number of applications, including one for stay of execution of the court’s judgment and also challenging the court’s jurisdiction to hear INEC’s ex-parte motion.
He said his client would be back in the country between September 25 and 26 for the resumption of the Senate.
In view of the information by the lawyers, Justice Dimgba said in view of the tight schedule of the court, he was not ready to hear all the applications.
He directed INEC to make a further attempt to ensure personal service on him when he returns. He adjourned to September 28.
The judge said should INEC complain on the next date of being unable to serve Melaye personally, he would hear the ex parte motion by the election body and the applications by Melaye.
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