A court of appeal sitting in Abuja has ruled that the process to recall Dino Melaye, senator representing Kogi west, is in order.
The Independent National Electoral Commission (INEC) had suspended the process after the lawmaker filed a suit to challenge the bid to remove him from the upper legislative chamber.
Melaye, through his lawyer, Mike Ozekhome asked a federal high court in Abuja to declare the petition submitted to INEC on his recall as illegal and unconstitutional.
He also asked the court to nullify the recall, saying it breached his rights.
On September 28, Nnamdi Dimgba, a judge of the federal high court in Abuja, ordered that the recall of Melaye be moved to the court of appeal.
Dimgba gave the directive after INEC withdrew a motion seeking an order of the court to allow it serve the recall petition on Melaye through substituted means rather than personal service.
He struck out the motion after Yusuf Ustaz, INEC’s lawyer, announced its withdrawal in court.
The judge subsequently directed all issues pertaining to the case be taken to the court of appeal.
In a judgment by a two-member panel of the court of appeal led by justice Mohammed Mustapha, , the court ruled that there is no time limit to complete the recall process.