According to a statement issued on 3rd October
and signed by Prince Adedeji Soyebi, a National Commissioner and Chairman, Information
and Voter Education Committee (IVEC), the Commission could not issue the Notice
for Verification on 3rd October as contained in the
court-ordered amended Timetable and Schedule of Activities as a result of this
development.
Senator Melaye had filed a suit at the Federal High Court to
stop the Commission from proceeding with the recall process. But in its
judgment, the Court dismissed the Senator’s action while also ordering the
Commission to serve him personally with the petition and its accompanying
documents at least two weeks to the commencement of the exercise, to enable him
prepare adequately for the verification.
“But all attempts to serve the Senator have been futile as
he has made himself unavailable,” Prince Soyebi said. “The Bailiff of the High
Court, accompanied by INEC officials have visited the office of the Senator at
the National Assembly and his residence on six occasions but found the office
locked, while they were not able to gain access to him at his residence. On
resumption of the Senate after its recess, the Senator refused to accept
service of the documents. This was in the presence of several journalists and
was widely reported.”
Prince Soyebi further explained that the Commission went
back to court to ask for substituted service, but the court further directed
that the Commission should make further attempts to serve Senator. When this
failed again, he noted, the Commission returned to Court to pursue the request
for substituted service, which however declined jurisdiction as the appeal by
the Senator had been entered in the Court of Appeal.
He added: “As a result of Senator Dino Melaye’s refusal to
accept service of the petition, the Commission has not been able to proceed
with the process as earlier scheduled, as service has become a condition
precedent to continuing with the exercise. It has therefore decided that in
line with its usual practice and in deference to the rule of law, it will await
the outcome of the decision of the appeal filed by the Senator.”
He affirmed: “INEC does not have any interest whatsoever in
the outcome of the Kogi West petition for recall. Its interest is limited to
ensuring all electoral activities are undertaken in line with due process and
without fear or favour.”
The Commission reiterated its determination to faithfully
discharge its duties and responsibilities according to the Constitution,
Electoral Law and interpretations given by the courts.
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