It was a recall that never was and at the end of the day, an attempt to remove Senator Dino Melaye from the Senate crashed as only 5.34 per cent of the total 188,500 signatories to his recall petition, were verified in an exercise held penultimate week. What next after the failed exercise? Legal practitioners again, give divergent views. KEHINDE OSASONA reports
Why would Dino sue anyone, for what? – Tochukwu Nwazota If you are talking about options, it depends on what Senator Melaye wants to do with that. An attempt was made to recall him by his constituency and that has failed. However, If he feels that his rights have been abused, if he feels that somebody has lied against him or infringed on his rights, he has the right to approach the court to redress whatever wrongs. But then, it lies with him to do the needful. But if he feels that he has not suffered any loss, why would he do that? I mean why would he sue them, sue them for what?
Constituency, individual can seek redress if … – Hope Imoukhuede When it comes to the issue of recall which is a directive from the Electoral Act and the constitution itself, I think the constituency has the right to do that. Although, the failed recall has a political undertone, but the good thing about the whole process is that the mind of the Kogi people actually became manifest; they were like ‘no, we are not recalling; we are not the people that asked for the recall, but that it was occasioned by something beyond the eyes and knowledge of everyone else’, probably triggered the whole event. Just imagine that; even though they have the right to recall. On whether Dino can seek redress or not, if there is anyone who can prove beyond reasonable doubt that his signature has been forged as alleged by some of the electorates, such person could take INEC or some of the actors involved to court to explain to the world who and who actually signed those documents. I remember a woman that said that the name of her late daughter who died some years back was on that recall list bandied by INEC and she discovered her name on the list. The question is; who put her name there and not signed? These are very germane questions that must be answered if we have the intention of nurturing our nascent democracy to fruition. What I mean is that if the people whose names appeared can come out to say that ‘look, I did not sign that document,’ then there should be an explanation as to who did. Also, those INEC officials who compiled that register should be questioned. On a final note, the politicians should be cautioned from using people as bait in fighting their political battle.
There is no point suing anyone, unless … Linus Okute The issue of Senator Dino Melaye is political and by my own understanding, they have no case against him. That his constituency wanted him back was the manipulation of the power that be back in Kogi State and elsewhere because he made statement against them. Before the arrest, if you follow his outburst, he made certain statement directing it at the Presidency in particular, saying even if the economy improves, it is not meant for the dead, it has to improve for the living. In other word, he was telling the ruling party (his party) that they need to do more. Obviously, the Presidency appears not to be at home with some of his utterances, and in the process has been trying to silence him. The last time, some armed policemen came to court and without the Chief Judge’s permission, tried to whisk the man away. That was an illegal thing to do in a democracy. So what I am saying in essence is that illegality thrives today in Nigeria and it must be stopped. As for suing anyone, he has the right but I think there is no point doing that unless he wants to try. It would be a fruitless attempt or at best an academic exercise because at the end of the day, it would go the same way.
Has no right to sue anyone – Umar Saleh Well, from the legal point of view, Senator Melaye has no right to sue because the electorates are constitutionally empowered to initiate a recall process against any erring lawmaker who failed to perform to their expectations. What transpired was that Senator Dino’s constituency has just exercised their rights as enshrined in the Constitution of the Federal Republic of Nigeria. INEC has also not erred because it was merely performing its duty as empowered by the same constitution. Don’t also forget that it was part of INEC duty to carry out such exercise independently without any interruption. That is my take on it.
Failed recall exercise calls for investigation – Stephen Oluebube On whether Senator Dino Melaye has any legal rights to sue the government or not, I do not think that he has the ‘locus’ to sue because the right to recall is a right vested in the electorate. So, if they think that they want to recall their senator, they have the rights to so recall. And if at the end of the day they fail to meet the requirement, it does not give the said senator rights to sue any of them. But there are some issues raised as regards how some signatures were acquired and people did not come out to lay claim to the said signatures, I think it is rather a criminal issue than civil which the State should investigate. But, it is not for the senator to start suing anyone.
Should rather relish in victory – Magnus Urueshone Having failed to recall the distinguished senator, in my humble opinion, I would not think he should sue anyone, but he should rather relish in victory instead of starting another fight. But, let it be on record that he is entitled to such rights to sue in law. What I am saying is that Senator Dino could institute a ‘criminal libel’ suit against the INEC, Kogi State government and other parties that in quote; started the process of the recall. Nevertheless, I think there should be an end to litigation, since he has been pronounce victorious, it is not everything that you should go to court for.
Forgery charges can be brought against culprits – Terhemen Abel Senator Dino cannot sue INEC or even the state government because they did not initiate the process of his recall. It was the electorate that gave him mandate that were alleged to have initiated the process of recall. And, if the process did not go through, well that is all they could do. INEC has established that they did not get the required number of people to continue with the process, and they have discontinued the process. As for the allegation of forged signatures, that is a criminal offence and it is a matter for the police to investigate so that forgery charges can be brought against such individuals.
Dino not in position to determine forged signature – Chijioke Martins If you check the recall process in the constitution, it appears simple but a very difficult task. You see, the actual problem is the verification aspect of the signature. Truth is; the embattled senator is not in a position to determine any forged signature as it were, but the electorates can if they feel that their signatures was forged because it is a criminal offence.
Can exploit other legal options – Charles Ezeago Senator Dino’s travail is a technical issue and, by law you cannot recall a legislator or any elected person without due compliance to the law. The failed attempt to recall him did not emanate from the people but was merely perpetrated by a sitting governor and their cohorts who were saddled with the task. However, I believe that Dino has legal options in view of the fact that what he is passing through as at today is so barbaric and so crude. I therefore think that he can ventilate his feelings legally
