Senator MELAYE had approached the court, claiming lack of fair hearing by constituents before taking their recall petition to the Independent National Electoral Commission, but his application was dismissed by Justice NNAMDI DIMGBA for lack of merit.

Justice DIMGBA declared that the Kogi West electorate was not bound by duty to serve Senator MELAYE a copy of their recall petition.

The Presiding Judge ruled that the entire recall process was a political exercise that falls outside the jurisdiction of the court, just as he dismissed MELAYE’s claim that the petition emanated from malice, bad faith and vendetta.

Justice DIMGBA further declared that it was the electorate who voted the legislator into office, hence they also have the power to take away that which they had given him.

The Judge therefore ordered INEC to serve Senator MELAYE the recall petition and the full list of all persons in support of the recall before commencing the process proper.