Tag: Melaye

  • Judge handling Melaye’s assassination attempt suit is dead

    Justice Aromeh Benson Akogu, the Kabba Resident High Court Judge in Kogi handling the case of attempted assassination of Sen. Dino Melaye is dead.

    The News Agency of Nigeria (NAN) gathered that the judge died in Anyigba on Dec. 31, 2017 at about 11:40pm during a cross-over service to 2018.

    According to a reliable source close to the family, Akogu who had vowed not to sleep before the cross-over to 2018, was neither sick nor show any symptoms of ill health.

    His wife, Mrs Vicky Akogu, who confirmed the death, said the late judge and one-time Director of Public Prosecution (DPP) in the state, was hale and hearty before his sudden death.

    She said that she watched her husband’s death like a movie and could hardly believe herself.

    Commenting on the incident from Akogu family house in Idah, Chief Registrar of the State High Court, Yahaya Ademu, said the body had been deposited at the Grimmard Hospital Mortuary, Anyigba.

    The late judge, in his late 50s, was until his death, handling the case of attempted assassination of Sen. Dino Melaye.

    NAN reports that the Ijumu Local Government Administrator, Taofiq Isah and four others are being tried in the matter.

     

    NAN

  • Bello sent thugs, stopped me from donating 1260 bags of rice to civil servants – Melaye

    Senator Dino Melaye (APC-Kogi West) has accused Governor Yahaya Bello of sending thugs to stop him from sharing the bags of rice and other relief materials donated to civil servants in the state.

    The bags of rice, numbering 1260, were donated by some senators to aid civil servants in Kogi state who have reportedly not being paid for 22 months.

    In a series of tweets on Friday, Melaye said: ”GYB has mobilized his thugs backed by his paid policemen to barricade the entry to Lokoja from Abuja with the intention of attacking Sen Dino Melaye and the rice meant for the suffering kogi civil servants.

    ”10 million was then released to thugs to stop the rice from coming into lokoja and to also disparage SDM.

    ”Hahahaha Double wahala for dead body and the owner of dead body. Olodo governor.”

  • Trending video: ‘Save us, my people are dying in Kogi,’ Melaye begs senate

    After pleading on his knees, while presenting the plight of his constituents to his colleagues at the senate yesterday, Sen. Dino Melaye was able to secure bags of rice and other essential items to the workers in order to cushion the biting effects of non-payment of their salaries by the Kogi State government.

    Watch video

    Watch video

  • Maina reinstatement saga: Buhari is a clean man surrounded by cankerworms – Melaye

    Senator Dino Melaye has berated Attorney-General of the Federation and Minister of Justice, Abubakar Malami, over his alleged mastermind of the reinstatement of an Economic and Financial Crimes Commission-wanted man accused of corruption, Abdulrasheed Maina, into the federal civil service.

    Lamenting that Malami had “stained” his hands with his alleged involvement in Maina’s saga, Melaye regretted that a good leader as President Muhammadu Buhari, who meant well for his people was “surrounded by cankerworms and caterpillars”.

    Melaye, who represents Kogi West senatorial district at the Senate, stated this on Tuesday while contributing to a debate on Maina’s reinstatement at the floor of the Senate.

    Some documents have confirmed that Malami was largely responsible for the reinstatement of Maina, a former chairman of the presidential task force team on pension reforms accused of corruption and wanted by the EFCC.

    Contributing in a motion sponsored by Isah Misau, the Senator representing Bauchi Central, on the saga, Melaye accused Malami of abuse of office and demanded that Buhari separated the AGF’s office from that of the Minister of Justice.

    He said, “It is pathetic. I want to ask this question to the executive; should we continue in sin and ask grace to abound? Time after time, the AGF and minister of justice has abused this office. We are not talking about Maina.

    “We should talk about the integrity of the AGF and minister of justice. If the law officer has his hands stained then the entire nation is one a stained.

    “Mr President is a good man and he means well but he is surrounded by cankerworms and caterpillars. We should have the audacity to take strong decisions. Nigerians would understand why the office of AGF and minister of justice is separated. We must recommend to the president that the AGF has displayed gross incompetence for the office it is occupying.”

  • Nigeria @57: ‘Pay attention to agitations, concerns expressed by Nigerians,’ Melaye tasks FG

    The senator representing Kogi west senatorial district, on Sunday, said the federal government should pay attention to the agitations by various groups in the country as Nigeria marks 57th independence anniversary.

    Melaye in a statement also said the country at its present state needed responsible leadership that could engender good governance at all levels.

    He said the federal government should as a matter of urgency give priority to the most genuine concerns being expressed by the people wherever they may be.

    The lawmaker also tasked the federal government to rejig itself and put the round pegs in the round holes especially in the area of managing our national economy, for efficiency, transparency, and more result-oriented initiative.

    According to him, “It is not by mistake that we have been together as one nation since January 14, 1914, and a nation-state since October 1, 1960, but by a divine design to fulfil the purpose of the Almighty God.

    “Given emerging sundry agitations in the country, the Federal government should quickly heed to the voices of reason by giving attention to the most genuine concerns being expressed by our people wherever they may be, while the government itself need to look inwards by rejigging itself and putting the round pegs in the round holes especially in the area of managing our national economy, for efficiency, transparency, and more result-oriented initiative.

    “Let’s remain united as one people, one nation and one destiny. Let’s promote and cherish peace in all parts of the country even as we pray for ourselves, leaders and government in order to achieve the vision of Nigeria’s founding fathers.

    “I call on all Nigerians – the masses, the very people for whom we are holding political power in trust to put the leadership of this country at whatever level on its toes by demanding for good governance, probity and accountability at all times from us as a right, and I promise on my own part to continue to provide the needed representation for my constituents in Kogi West senatorial district of Kogi State at the Nati

  • RECALL: INEC officials storm NASS, drop documents at Melaye’s office

    Officials of the Independent National Electoral Commission on Tuesday arrived the National Assembly Complex to notify the embattled lawmaker representing Kogi West Senatorial District, Senator Dino Melaye, on the petition the commission received from his constituents to recall him.

    The officials, who dropped loads of documents at the door to Melaye’s office, waited while the lawmaker was in the Senate chamber.

    It was observed that the Melaye’s office was under lock and key, while his aides were not around to receive the notice.

    Melaye had on Monday said the 90-day deadline set for INEC by Section 69 of the 1999 Constitution (as amended) has expired.

    Melaye also alleged that it was only after several attempts at his life had failed that “they” resorted to this sham process of recall.

    “I celebrate the obituary of the ‘Made in Taiwan’ recall exercise, while sympathising with the induced petitioners, who will obviously face charges of forgery and other criminal charges before a court of law very, very soon.”

    The lawmaker said this at a press conference in Abuja on Monday.

  • I’m not evading service of INEC’s purported petition – Melaye

    Senator Dino Melaye has 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).

    The senator representing 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.

    Yesterday, Melaye told newsmen that accepting any “purported’’ petition from INEC would amount to breaching the 1999 Constitution (amended).

    “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.

    “The trial judge failed to respect that provision of the Constitution when he elongated 90 days provided for, saying the process was paused when the interim order for maintenance of status quo was granted.

    “I am not evading the service of any purported petition on me by INEC.

    “As a matter of fact, my lawyer, Chief Mike Ozekhome, served INEC a notice to produce the said petition in the course of hearing of this matter but INEC failed to produce the petition in court.

    “I have also instructed my lawyer to challenge the jurisdiction of the trial court to entertain an ex parte application for the service on me.

    “In view of the lapse of time, I shall no longer be in a haste to take any further step in this matter so as not to aid any party, especially INEC in breaching the Constitution,” Melaye added.

  • I celebrate obituary of my ‘made-in-Taiwan’ recall – Melaye

    …Accuses Governor Yahaya Bello, Senator Smart Adeyemi as sponsors of recall

    Senator representing Kogi West Senatorial District, Dino Melaye on Monday described his ongoing recall process from the Senate as ‘made-in-Taiwan,’ insisting those behind it will be severely punished.

    The embattled senator also accused Governor Yahaya Bello and a former senator who represented same constituency (Kogi West) from 2007 to 2015, Smart Adeyemi of sponsoring the recall.

    Melaye noted that his demands for the payment of salaries of civil servants and good governance made the governor and some other political gladiators in the state to mastermind his recall process.

    Melaye stated this at a press he convened on Monday to address the issues surrounding his controversial recall from the Senate.

    Read his full speech below:

    MY STAND WITH REGARD TO THE ALLEGED PETITION SUBMITTED TO INEC PURPORTEDLY FOR MY RECALL AND THE 90 DAYS PERIOD PROVIDED FOR BY THE CONSTITUTION UNDER WHICH INEC MUST CONDUCT THE SAID REFERENDUM.

     

    Good day gentlemen of the press!

    As you all are aware, a petition was purportedly presented to INEC, allegedly for my recall by persons who claim to be my constituents.

    BACKGROUND FACTS

    It is apposite at this point, to give you a brief history or the political reasons behind the politically motivated recall orchestrated by Yahaya Bello, the governor of Kogi State and Senator Smart Adeyemi. It is public knowledge that workers in Kogi State have not received their salaries for a period of more than six months now prior to 23rd June 2017. It was on this premise, that I, Senator Dino Melaye, lent my voice to that of the suffering masses in Kogi State, to call for the prompt payment of all salaries owed workers in the state and the reopening of all closed tertiary institutions in the state.

    Gentlemen of the press, it is common knowledge, that several attempts were made to assassinate me as a result of this. It was only after several attempts at my life failed, that they resorted to this sham process of recall.

    On the 23rd day of June, 2017, certain persons claiming to be my constituents, purportedly submitted a petition to the Independent National Electoral Commission (INEC) on the ground that they have lost confidence in me. It would interest you to know that the major ground for the alleged loss of confidence in me, was that I was constantly speaking against the Governor of Kogi State, for his high handedness in the administration of the state.

    I instructed my lawyer, Chief Mike Ozekhome, SAN, to file an action in court, challenging the entire process on several grounds. The processes were duly served on INEC on the 28th day of June 2017, whereas INEC eventually filed its defence to the said originating processes one whole month after the service of the originating processes on it.

    Despite INEC’s failure to file defence to my court processes, they suddenly woke up after a court had granted an order, directing them to maintain status quo pending the hearing of the Originating Summons. They rushed to court, filed several applications, inclusive of an application before a brother vacation judge in the Federal High Court, asking him to interfere with the discretionary powers of another brother judge, who had already ordered that status quo be maintained.

    I was reliably informed by my Lawyer, Chief Mike Ozekhome, that it is an elementary principle of law, that a court of coordinate jurisdiction, cannot sit on appeal over a judgment or order of a brother judge. It was at this point that I personally felt, that it is either INEC’s lawyers, are not well versed in the law, or that they are exhibiting unusual desperation in their avowed determination to unseat me from the National Assembly, under the close guidance of Governor Yahaya Bello of Kogi Stateand Senator Smart Adeyemi. It is pertinent to state here that the Attorney General and Commissioner for Justice Kogi State, was physically present in court on the day of judgment, even when neither him, nor the Kogi State Government was party to the suit. Indeed the judge glowingly recognized his presence.

    You are all aware that the trial court had since delivered its judgment and I have instructed my lawyer, Chief Mike Ozekhome SAN, to file an appeal against the said judgment, which he has done. In this respect, I am quite aware that this matter is subjudice and I am not addressing you today on the merits or otherwise of a matter pending before the Court of Appeal, but on the socio political issues, bearing in mind that I have been inundated with calls by my constituents, friends, political allies and members of general public ever since the expiration of the 90 days period as provided for by the Nigerian Constitution, for INEC to conclude the process of the recall by conducting the referendum.

    ON THE ISSUE OF THE EXPIRATION OF THE 90 DAYS AS PROVIDED FOR IN SECTION 69(b) OF THE 1999 CONSITUTION OF THE FEDERAL REPUBLIC OF NIGERIA:

    I have to say, for the avoidance of doubt that, if you say the truth, you will die; if you don’t say the truth, you will die! I Senator Dino Melaye has chosen to always speak the truth on this issue as on all issues, and am ready to die for the truth!

    Gentlemen, though I am not a Lawyer, I do know that section 69 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, provides as follows:

    A member of the Senate or of the House Representatives may be recalled as such a member if –

    there is presented to the Chairman of the Independent National Electoral Commission a petition in that behalf signed by more than one-half of the persons registered to vote in that member’s constituency alleging their loss of confidence in that member and which signatures are duly verified by the Independent National Electoral Commission ; and

    the petition is thereafter, in a referendum conducted by the Independent National Electoral Commission within ninety days of the date of receipt of the petition, approved by a simple majority of the votes of the persons registered to vote in that member’s constituency.(Emphasis Supplied)

    It is therefore crystal clear, that by the provisions of section 69(b) of the 1999 Constitution, INEC must act on the petition purportedly presented to it on the 23rd of June, 2017, by conducting the referendum within 90 days of the receipt of the petition. In this case, INEC received the petition on the 23rd day of June, 2017. The 90 days period, as provided for in the Constitution for conducting the referendum (after our verification) elapsed by effluxion of time on the 23rd day of September 2017.

    The time, as provided for in the Constitution of the Federal Republic of Nigeria, having elapsed by effluxion of time, I, Senator Dino Melaye, cannot and shall not under any circumstance, aid and abet INEC to further desecrate and infringe on the provisions of the Constitution of the Federal Republic of Nigeria, which I have sworn to defend.

    Gentlemen of the press, my position in this matter has been affirmed by various Supreme Court’s decisions. I shall mention a few of these decisions to you, which by virtue of my legislative duties I have come across again and again.

    First, is the case of NYAKO v. ADAMAWA STATE HOUSE OF ASSEMBLY & ORS (2016) LPELR-41822(SC) .

    In this case, it was contended that the period of eleven months during which the Governor was removed from office does not form part of the plaintiff’s term of four years as Governor of Adamawa State. The apex court held that this claim was unmeritorious. The court further held that “the Constitution of the Federal Republic of Nigeria, 1999 did not grant the Court the power to grant an extension of tenure to a Governor who has been improperly impeached. To hold otherwise would amount to reading into the Constitution provisions that are not there. Much as one may be in sympathy with the plaintiff/appellant’s cause, it seems to me that to accede to his request will occasion much violence to the Constitution, the courts can only interpret the Constitution but it cannot rewrite it.”

    Gentlemen of the press, the next case that supports my position in this matter, is the case of All Nigeria Peoples Party (ANPP) V. Alhaji Mohammed Goni & ors (2012) 7 NWLR (Pt.1298) 147.

    In this case gentlemen, the Supreme Court held with regard to election tribunal, that the time within which the jurisdiction so conferred on it is to be exercised/carried out, is provided for in Section 285(6) of the 1999 Constitution which enacts thus:- “(6) An election tribunal shall deliver its judgment in writing within one hundred and eighty (180) days from the date of the filing of the petition”.

    The Supreme Court further held that where a tribunal fails to comply with the above provisions, the jurisdiction to continue to entertain the petition lapses or becomes spent and cannot be extended by any court order howsoever well intentioned; neither can a court order, create and confer jurisdiction on any court/tribunal on any matter where jurisdiction has not been conferred either by statute or the constitution.

    The Supreme Court finally held:

    “ the time fixed by the constitution is like the rock of Gibraltar or Mount Zion which cannot be moved; that the time cannot be extended or expanded or elongated or in any way enlarged; that if what is to be done is not done within the time so fixed, it lapses as the court is thereby robbed of the jurisdiction to continue to entertain the matter. It is very worrisome that despite the decisions of this court, since October 2011 on the time fixed in the constitution some of the justices of the lower court still appear not to have gotten the message. From where will the election tribunal get the jurisdiction to entertain the retrial after the expiration of the one hundred and eighty (180) days assigned in the constitution, without extending the time so allotted? Do the courts have the vires to extend the time assigned by the constitution? The answer is obviously in the negative.” Per ONNOGHEN, J.S.C.(Pp. 31-33, paras. A-C).

    Gentlemen, it is obvious, that these various decisions of the apex court considered, that the Constitution itself, cannot be amended by mere pronouncement of a court of law. It, therefore, follows, that specific provisions in the Constitution must be respected by all and sundry. This, the trial judge woefully failed to do when he elongated the 90 days provided for in the Constitution which according to him, had “paused” when the interim order for the maintenance of status quo was granted.

    It is in this spirit, that I deem it necessary to address this world press conference to highlight the following points:

    1. That I, Senator Dino Melaye, is not evading the service of any purported petition on me by INEC. As a matter of fact, my Lawyer, Chief Mike Ozekhome SAN, served on INEC, a notice to produce the said petition in the course of the hearing of this matter, INEC failed, refused and neglected to produce the said petition in court.
    2. I, Senator Dino Melaye, have also instructed my lawyer to challenge the jurisdiction of the trial court to entertain an ex parte application for the service on me, not of any court process, but of the very petition, which INEC itself had failed to give to me, or to produce in court after due notice to produce same was served on it. My Lawyer has filed the objection which ought to be determined before the trial court could hear the said strange ex parte application. It is curious to note that, even the trial judge never saw this petition surprisingly, he relied on the in house analysis purportedly carried out by INEC itself, in the cozy confines and dark recesses of its office. The petition purportedly exhibited by INEC in court, was only signed by three persons as against 188,000 plus registered voters envisage by the Constitution.
    3. That in view of the lapse of time, I shall no longer be in a haste to take any further step in this matter so as not to be seen to have aided any party, especially the Independent National Electoral Commission, in the continued blatant breach of the provisions of the Constitution which I have sworn to uphold.

    CONCLUSION

    I celebrate the obituary of the “made- in -Taiwan” recall exercise, while sympathizing with the induced petitioners, who will obviously face charges of forgery and other criminal charges before a court of law very, very soon.

    Thank you for your time!

     

    Sen. Dino Melaye

     

    Kogi West Senatorial District.