The Independent National Electoral Commission (INEC) has withdrawn its motion seeking an order of the Federal High Court in Abuja allowing it to serve the recall petition on Kogi West Senator, Dino Melaye, through substituted means rather than personal service.
Justice Nnamdi Dimgba struck out the motion after INEC’s lawyer, Mr Yunus Ustaz (SAN), announced its withdrawal in court on Thursday.
Ustaz also maintained on Thursday that Melaye had been “dodging” service, as an attempt by the INEC to serve Melaye during the Senate’s plenary on Tuesday also failed.
The judge also directed that all issues pertaining to the case should thereafter be taken to the Court of Appeal.
He noted that since Melaye’s appeal against the court’s September 11 judgment of the court had been entered at the Court of Appeal, all pending applications, including the ones filed by Melaye for a stay of execution of the verdict, should be taken to the Court of Appeal.
INEC had on September 15, filed the ex parte motion seeking substituted service of the recall petition on Melaye, following the alleged refusal of the senator to accept service of the petition and other accompanying documents as earlier ordered by the court on September 11. (The Sun)