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…Accuses Governor Yahaya Bello, Senator Smart Adeyemi as sponsors of recall
Senator representing Kogi West Senatorial District, Dino Melaye on Monday described his ongoing recall process from the Senate as ‘made-in-Taiwan,’ insisting those behind it will be severely punished.
The embattled senator also accused Governor Yahaya Bello and a former senator who represented same constituency (Kogi West) from 2007 to 2015, Smart Adeyemi of sponsoring the recall.
Melaye noted that his demands for the payment of salaries of civil servants and good governance made the governor and some other political gladiators in the state to mastermind his recall process.
Melaye stated this at a press he convened on Monday to address the issues surrounding his controversial recall from the Senate.
Read his full speech below:
MY STAND WITH REGARD TO THE ALLEGED PETITION SUBMITTED TO INEC PURPORTEDLY FOR MY RECALL AND THE 90 DAYS PERIOD PROVIDED FOR BY THE CONSTITUTION UNDER WHICH INEC MUST CONDUCT THE SAID REFERENDUM.
Good day gentlemen of the press!
As you all are aware, a petition was purportedly presented to INEC, allegedly for my recall by persons who claim to be my constituents.
BACKGROUND FACTS
It is apposite at this point, to give you a brief history or the political reasons behind the politically motivated recall orchestrated by Yahaya Bello, the governor of Kogi State and Senator Smart Adeyemi. It is public knowledge that workers in Kogi State have not received their salaries for a period of more than six months now prior to 23rd June 2017. It was on this premise, that I, Senator Dino Melaye, lent my voice to that of the suffering masses in Kogi State, to call for the prompt payment of all salaries owed workers in the state and the reopening of all closed tertiary institutions in the state.
Gentlemen of the press, it is common knowledge, that several attempts were made to assassinate me as a result of this. It was only after several attempts at my life failed, that they resorted to this sham process of recall.
On the 23rd day of June, 2017, certain persons claiming to be my constituents, purportedly submitted a petition to the Independent National Electoral Commission (INEC) on the ground that they have lost confidence in me. It would interest you to know that the major ground for the alleged loss of confidence in me, was that I was constantly speaking against the Governor of Kogi State, for his high handedness in the administration of the state.
I instructed my lawyer, Chief Mike Ozekhome, SAN, to file an action in court, challenging the entire process on several grounds. The processes were duly served on INEC on the 28th day of June 2017, whereas INEC eventually filed its defence to the said originating processes one whole month after the service of the originating processes on it.
Despite INEC’s failure to file defence to my court processes, they suddenly woke up after a court had granted an order, directing them to maintain status quo pending the hearing of the Originating Summons. They rushed to court, filed several applications, inclusive of an application before a brother vacation judge in the Federal High Court, asking him to interfere with the discretionary powers of another brother judge, who had already ordered that status quo be maintained.
I was reliably informed by my Lawyer, Chief Mike Ozekhome, that it is an elementary principle of law, that a court of coordinate jurisdiction, cannot sit on appeal over a judgment or order of a brother judge. It was at this point that I personally felt, that it is either INEC’s lawyers, are not well versed in the law, or that they are exhibiting unusual desperation in their avowed determination to unseat me from the National Assembly, under the close guidance of Governor Yahaya Bello of Kogi Stateand Senator Smart Adeyemi. It is pertinent to state here that the Attorney General and Commissioner for Justice Kogi State, was physically present in court on the day of judgment, even when neither him, nor the Kogi State Government was party to the suit. Indeed the judge glowingly recognized his presence.
You are all aware that the trial court had since delivered its judgment and I have instructed my lawyer, Chief Mike Ozekhome SAN, to file an appeal against the said judgment, which he has done. In this respect, I am quite aware that this matter is subjudice and I am not addressing you today on the merits or otherwise of a matter pending before the Court of Appeal, but on the socio political issues, bearing in mind that I have been inundated with calls by my constituents, friends, political allies and members of general public ever since the expiration of the 90 days period as provided for by the Nigerian Constitution, for INEC to conclude the process of the recall by conducting the referendum.
ON THE ISSUE OF THE EXPIRATION OF THE 90 DAYS AS PROVIDED FOR IN SECTION 69(b) OF THE 1999 CONSITUTION OF THE FEDERAL REPUBLIC OF NIGERIA:
I have to say, for the avoidance of doubt that, if you say the truth, you will die; if you don’t say the truth, you will die! I Senator Dino Melaye has chosen to always speak the truth on this issue as on all issues, and am ready to die for the truth!
Gentlemen, though I am not a Lawyer, I do know that section 69 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, provides as follows:
A member of the Senate or of the House Representatives may be recalled as such a member if –
there is presented to the Chairman of the Independent National Electoral Commission a petition in that behalf signed by more than one-half of the persons registered to vote in that member’s constituency alleging their loss of confidence in that member and which signatures are duly verified by the Independent National Electoral Commission ; and
the petition is thereafter, in a referendum conducted by the Independent National Electoral Commission within ninety days of the date of receipt of the petition, approved by a simple majority of the votes of the persons registered to vote in that member’s constituency.(Emphasis Supplied)
It is therefore crystal clear, that by the provisions of section 69(b) of the 1999 Constitution, INEC must act on the petition purportedly presented to it on the 23rd of June, 2017, by conducting the referendum within 90 days of the receipt of the petition. In this case, INEC received the petition on the 23rd day of June, 2017. The 90 days period, as provided for in the Constitution for conducting the referendum (after our verification) elapsed by effluxion of time on the 23rd day of September 2017.
The time, as provided for in the Constitution of the Federal Republic of Nigeria, having elapsed by effluxion of time, I, Senator Dino Melaye, cannot and shall not under any circumstance, aid and abet INEC to further desecrate and infringe on the provisions of the Constitution of the Federal Republic of Nigeria, which I have sworn to defend.
Gentlemen of the press, my position in this matter has been affirmed by various Supreme Court’s decisions. I shall mention a few of these decisions to you, which by virtue of my legislative duties I have come across again and again.
First, is the case of NYAKO v. ADAMAWA STATE HOUSE OF ASSEMBLY & ORS (2016) LPELR-41822(SC) .
In this case, it was contended that the period of eleven months during which the Governor was removed from office does not form part of the plaintiff’s term of four years as Governor of Adamawa State. The apex court held that this claim was unmeritorious. The court further held that “the Constitution of the Federal Republic of Nigeria, 1999 did not grant the Court the power to grant an extension of tenure to a Governor who has been improperly impeached. To hold otherwise would amount to reading into the Constitution provisions that are not there. Much as one may be in sympathy with the plaintiff/appellant’s cause, it seems to me that to accede to his request will occasion much violence to the Constitution, the courts can only interpret the Constitution but it cannot rewrite it.”
Gentlemen of the press, the next case that supports my position in this matter, is the case of All Nigeria Peoples Party (ANPP) V. Alhaji Mohammed Goni & ors (2012) 7 NWLR (Pt.1298) 147.
In this case gentlemen, the Supreme Court held with regard to election tribunal, that the time within which the jurisdiction so conferred on it is to be exercised/carried out, is provided for in Section 285(6) of the 1999 Constitution which enacts thus:- “(6) An election tribunal shall deliver its judgment in writing within one hundred and eighty (180) days from the date of the filing of the petition”.
The Supreme Court further held that where a tribunal fails to comply with the above provisions, the jurisdiction to continue to entertain the petition lapses or becomes spent and cannot be extended by any court order howsoever well intentioned; neither can a court order, create and confer jurisdiction on any court/tribunal on any matter where jurisdiction has not been conferred either by statute or the constitution.
The Supreme Court finally held:
“ the time fixed by the constitution is like the rock of Gibraltar or Mount Zion which cannot be moved; that the time cannot be extended or expanded or elongated or in any way enlarged; that if what is to be done is not done within the time so fixed, it lapses as the court is thereby robbed of the jurisdiction to continue to entertain the matter. It is very worrisome that despite the decisions of this court, since October 2011 on the time fixed in the constitution some of the justices of the lower court still appear not to have gotten the message. From where will the election tribunal get the jurisdiction to entertain the retrial after the expiration of the one hundred and eighty (180) days assigned in the constitution, without extending the time so allotted? Do the courts have the vires to extend the time assigned by the constitution? The answer is obviously in the negative.” Per ONNOGHEN, J.S.C.(Pp. 31-33, paras. A-C).
Gentlemen, it is obvious, that these various decisions of the apex court considered, that the Constitution itself, cannot be amended by mere pronouncement of a court of law. It, therefore, follows, that specific provisions in the Constitution must be respected by all and sundry. This, the trial judge woefully failed to do when he elongated the 90 days provided for in the Constitution which according to him, had “paused” when the interim order for the maintenance of status quo was granted.
It is in this spirit, that I deem it necessary to address this world press conference to highlight the following points:
- That I, Senator Dino Melaye, is not evading the service of any purported petition on me by INEC. As a matter of fact, my Lawyer, Chief Mike Ozekhome SAN, served on INEC, a notice to produce the said petition in the course of the hearing of this matter, INEC failed, refused and neglected to produce the said petition in court.
- I, Senator Dino Melaye, have also instructed my lawyer to challenge the jurisdiction of the trial court to entertain an ex parte application for the service on me, not of any court process, but of the very petition, which INEC itself had failed to give to me, or to produce in court after due notice to produce same was served on it. My Lawyer has filed the objection which ought to be determined before the trial court could hear the said strange ex parte application. It is curious to note that, even the trial judge never saw this petition surprisingly, he relied on the in house analysis purportedly carried out by INEC itself, in the cozy confines and dark recesses of its office. The petition purportedly exhibited by INEC in court, was only signed by three persons as against 188,000 plus registered voters envisage by the Constitution.
- That in view of the lapse of time, I shall no longer be in a haste to take any further step in this matter so as not to be seen to have aided any party, especially the Independent National Electoral Commission, in the continued blatant breach of the provisions of the Constitution which I have sworn to uphold.
CONCLUSION
I celebrate the obituary of the “made- in -Taiwan” recall exercise, while sympathizing with the induced petitioners, who will obviously face charges of forgery and other criminal charges before a court of law very, very soon.
Thank you for your time!
Sen. Dino Melaye
Kogi West Senatorial District.