Kogi West: Adeyemi raises the alarm over Melaye’s plot to frustrate Appeal Court verdict

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Kogi West Peoples Democratic Party (PDP) senatorial candidate in the March 28 National Assembly elections, Senator Smart Adeyemi, has raised the alarm over a plot by the All Progressives Congress (APC) candidate, Dino Melaye, to effect the transfer of a case he instituted, seeking return of his (Adeyemi) mandate, to another tribunal.
A statement was credited to Melaye at the weekend, which has gone viral, that he would ensure the transfer of the case to the Justice Akon Ikpeme-led National Assembly and Legislative Houses Election Petitions Tribunal.
Because there are two tribunals in the state, the Justice Akinniyi Akintola-led three-man Kogi State National Assembly and Legislative Houses Election Petitions Tribunal is currently hearing the matter, following an order by the Court of Appeal.
The Justice Ikpeme tribunal had dismissed the petition filed by Adeyemi against Melaye for breaching the 180-day legal time frame but in another judgement, the Court of Appeal, sitting in Abuja, overruled the decision of the lower tribunal in Lokoja and directed another tribunal to start the case afresh on its merits.
The Appeal Court ordered for a re-trial based on merit in the interest of substantial justice and ordered that the trial must be accelerated to be conducted within the time allowed by Section 185 of the 1999 Constitution (as amended) which stipulated that all petitions must be heard and judgement delivered within 180 days.
This was complied with and the Justice Akintola-led tribunal commenced proceedings but Melaye filed applications against the continued sitting of the tribunal.
Last Wednesday, the tribunal dismissed an application by Melaye, asking the Justice Akintola-led panel to decline jurisdiction to hear the case brought by Adeyemi, seeking the return of the mandate to him.
Melaye had, on August 8, through his lawyer, Adeyemi Ogunleye, asked the Justice Akintola-led tribunal to hands off the case because of his protest letter to the President of the Court of Appeal against the judgement of the court and transfer of the case to another tribunal other than the one that initially sat and ruled on it.
Adeyemi’s counsel, J.O. Olatoke, in a counter affidavit, urged the tribunal to refuse the application.
Justice Akintola ruled that the tribunal had the power to entertain the case as ordered by the Appeal Court.
To the judge, Melaye’s applications lacked merit and struck them out.
But the popular thinking in the North-Central state, traced to Melaye’s statement, is that the case had been transferred to the first tribunal, led by Justice Ikpeme, and the 180-day legal time frame would also be used to frustrate it.
The calculation in the Melaye camp is that the petition would be rendered inconclusive at the tribunal, as it would have exceeded the stipulated 180 days.
Adeyemi had petitioned against the victory of Melaye as declared by the Independent National Electoral Commission (INEC).
He is also seeking five prayers, including nullification and withdrawal of Melaye’s Certificate of Return and declaring him (petitioner) the winner.
On Sunday, Adeyemi, a former President of the Nigerian Union of Journalists (NUJ), directed his supporters and party members to maintain the peace, vowing that he would reclaim his mandate legally.
To him, any attempt to subvert the course of justice will fail.

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