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A Federal High Court sitting Abuja has struck out an ex-parte motion for substituted service on Senator Dino Melaye, filed by the Independent National Electoral Commission (INEC).
The trial judge, Justice Nnamdi Dimgba struck out the motion following a request by INEC’s lawyer, Yunus Usman to withdraw the motion on the ground that it was not the right application to make at the current stage in the case.
INEC had, by the motion dated September 15, 2017, sought the court’s permission to serve, through substituted means, the petition for the recall of Senator Dino Melaye and related documents on him as ordered by the court in its September 11, 2017 judgment.
The court had, in its judgment on the fundamental rights suit, with which Melaye challenged the recall process, ordered INEC to serve Senator Melaye in person with the petition for his recall, accompanying signatures and other documents relating to his recall.
The judge further said that since there was evidence that Melaye’s appeal has been entered at the Appeal Court, the court could no longer entertain any application.
He said all further applications should be sent to the Appeal Court.
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