Dino Melaye, Senator representing Kogi West on the platform of the Peoples Democratic Party (PDP) has approached the appellate court to appeal the judgment of the Kogi State National and State Houses of Assembly Election Tribunal.
In the notice of appeal he filed on Monday, Melaye asks the Court of Appeal to overturn the tribunal judgment that nullified his senatorial election.
The appeal, which was filed on behalf of Melaye by Rickey Tarfa (SAN) listed Senator Smart Adeyemi, All Progressives Congress (APC), Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC) as respondents.
LagosTimes had reported the annulment of Melaye’s election into the senate by the Election Petition Tribunal.
Consequently, The tribunal ordered a fresh election in Kogi West Senatorial District within 90 days.
According to The Nation, In the appeal dated September 5, 2019, Melaye raised 23 grounds of appeal, in which he faulted the majority decision of the tribunal.
Melaye prayed the appellate court to grant his appeal and an order sustaining his objection to the petition or dismissing the petition and confirming his electoral victory.
Among the grounds of appeal include whether the person sued at the Tribunal being Senator Dino Melaye, is the same as the person who contested the poll and declared winner of the election as contained on Form CF001 – Melaye Daniel Dino.
The provision of the law is that the name as used in Form CF001 is the only valid name that can be used to challenge the election of the Appellant.
“The principle of equity accepted and applied by the majority members of the Tribunal cannot override the provisions of the law in respect of the petition.
“The judgement of the Tribunal was perverse and against the weight of evidence before it,” he said.