Senator Dino Melaye on Monday, denied claims that he was evading the service of petition and timetable for his recall from the Senate, by the Independent National Electoral Commission (INEC).
Melaye made this known while briefing newsmen in Abuja on Monday.
The senator, who represents Kogi West Senatorial District, is facing a recall by his constituents who in a petition on June 23, 2017, called on INEC to recall him.
He was accused of poor of representation of the constituency at the Senate.
But, Melaye told newsmen that accepting any “purported’’ petition from INEC would amount to breaching the 1999 Constitution (Amended).
According to him, the window provided by the Constitution for the service of recall petition had elapsed and I would not be seen to be breaching the law.
“It is clear that by the provisions of Section 69(b) of the 1999 Constitution, INEC must act on the petition purportedly presented to it on June 23, 2017 by conducting a referendum within 90 days of receipt of the petition.
“The 90 days period as provided for in the Constitution for conducting the referendum after our verification, elapsed on Sept. 23, 2017.
“The time having elapsed, I cannot under the circumstance, aid and abet INEC to further infringe on the provisions of the Constitution, which I have sworn to defend,’’ he said.
The lawmaker pointed out that his position on the matter had been affirmed by various Supreme Court decisions.
He cited the case of Nyako v. Adamawa State House of Assembly and others (2016) and All Nigeria Peoples Party (ANPP) v. Alhaji Mohammed Goni and others.
He said that from the apex court’s decision, the Constitution could not be amended by “mere’’ pronouncement of a court of law. – NAN.
