The Independent National Electoral Commission (INEC) has withdrawn its motion seeking an order of the Federal High Court in Abuja to allow it serve recall petition on Dino Melaye (APC-Kogi West).
Justice Nnamdi Dimgba on Thursday struck out the motion after INEC’s lawyer, Yunus Ustaz (SAN), announced its withdrawal in court.
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 stay of execution of the verdict, should be taken to the Court of Appeal.
INEC had on 15 September filed the ex parte motion seeking substituted service of the recall petition on Melaye.
The commission filed the motion after the senator refused to accept service of the petition and other accompanying documents as earlier ordered by the court on 11 September.
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.