The process to recall the senator representing Kogi West, Kogi State, Dino Melaye, is in order, a Court of Appeal sitting in Abuja has ruled.
The court headed by Justice Mohammed Mustapha ruled that there is no time limit to complete the recall process.
The recall process was earlier frustrated by Melaye who claimed that it was a violation of his right.
He had asked the Federal High Court to declare the petition submitted to it by the Independent National Electoral Commission, INEC, as unconstitutional.
The battle over the correctness of the recall process was moved to the Appeal Court on the order of a judge of the Federal High Court in Abuja, Nnamdi Dimgba.
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The directive followed INEC’s withdrawal of a motion seeking an order of the court to allow it serve the recall petition on Melaye through substituted means rather than personal service.
The motion was struck out after INEC’s lawyer, Yusuf Ustaz, announced its withdrawal in court.
It would be recalled that INEC started the recall process last year when it formally notified Melaye of the demand by the votes in his constituency to recall him from the Senate.
The people of his constituency had submitted a petition to that effect.
It said that the decision to inform Melaye was taken at its meeting held in Abuja, where the petition submitted by voters in the Kogi-West senatorial district was considered.