The Independent National Electoral Commission (INEC) has withdrawn its motion seeking an order of the Federal High Court in Abuja to serve the recall petition of Senator Dino Melaye.
Counsel to INEC, Mr. Yunus Ustaz announced the withdrawal in court after which Justice Nnamdi Dimgba struck out the motion and directed that all issues pertaining to the case should be taken to the Court of Appeal.
He noted that since Melaye’s appeal against the court’s judgment on September 11th 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 filed the ex-parte motion seeking substituted service of the recall petition on September 15, 2017, following an alleged refusal of the Senator to accept service of the petition.
Efforts by INEC officials to formally serve Senator Melaye the petition on Tuesday was not successful as the Senator was not available in his office at the National Assembly.
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