By Ikechukwu Nnochiri.
The Abuja Department of the Court of Appeal, on Friday, maintained the tribunal judgement that sacked Senator Dino Melaye from the National Assembly.
The appellate court, in a consentaneous judgement by a three-man panel of Justices led by Justice Yahaya Dattijo, bought the Independent National Electoral Commission, INEC, to within 90 days, perform a fresh election in Kogi West Senatorial District.
The appellate court stated it saw no factor to reserve the August 23 judgement of the Kogi State National/State Assembly Election Tribunal that nullified the result of the February 23 election that was stated in favour of Melaye and the Peoples Democratic Celebration, PDP.
It for that reason set out the appeal Melaye lodged to challenge the bulk choice of the tribunal that voided his re-election to the Senate.
The embattled legislator had in a 23- ground of appeal he raised through his group of legal representatives led by Chief Ricky Tarfa, SAN, firmly insisted that the bulk choice of the tribunal occasioned a serious miscarriage of justice versus him.
It will be remembered that the three-man panel tribunal led by Justice A.O Chijioke, had in a split choice of two-to-one, bought INEC to perform a fresh election for the Senatorial District.
The judgement followed a petition the All Progressives Congress, APC, and its prospect, Smart Adeyemi, submitted to challenge the result of the senatorial survey which they stated was spoiled by abnormalities.
Adeyemi who is a one-time Senator, had actually declared that the election was characterised by prevalent over-voting, competing that it was not performed in considerable non-compliance with the Electoral Act.
The tribunal, in its bulk decision, enabled the petition and bought fresh survey for the district.
Nevertheless, in the notification of appeal outdated September 5, Melaye, hoped the appellant court to nullify the tribunal’s decision and state that he was properly chosen.
Melaye even more hoped the Court of Interest sustain an objection he raised for the petition challenging his triumph to be quashed.
Mentioned as participants in the matter were Senator Adeyemi, the APC, PDP, and INEC.
Amongst problems, he raised for the court to identify consisted of, whether the individual that was taken legal action against at the Tribunal, being Senator Dino Melaye, is like the individual who objected to the survey and stated winner of the election as consisted of on Type CF001– Melaye Daniel Dino.
According to him, “The arrangement of the law is that the name as utilized in Type CF001 is the only legitimate name that can be utilized to challenge the election of the Appellant.
” The concept of equity accepted and used by the bulk members of the Tribunal can not bypass the arrangements of the law in regard of the petition.
” The judgement of the Tribunal was perverse and versus the weight of proof prior to it”.
The appellate court, nevertheless, dismissed the appeal and verified the choice of the tribunal that Adeyemi’s petition was meritorious.