Senator Dino Melaye, representing Kogi West on te platform of the Peoples Democratic Party (PDP) has appealed the August 23, 2019 judgment of the Kogi State National and State Houses of Assembly Election Tribunal, which voided is election.
The candidate of the All Progressives Congress (APC) in the said election, Senator Smart Adeyemi, had petitioned the tribunal, challenging Melaye’s victory.
The tribunal upheld the petition, nullified the election and ordered for a fresh poll within 90 days.
In the notice of appeal he filed, Melaye wants the Court of Appeal to set aside the judgment.
He raised 23 grounds of appeal, in which the faulted the majority decision of the tribunal.
In the notice of appeal dated September 5, 2019, Melaye is also seeking an order of the Court of Appeal allowing his appeal; and an order sustaining his objection to the petition or dismissing the petition and confirming his electoral victory.
The appeal, which was filed for Melaye by Rickey Tarfa (SAN), has Senator Smart Adeyemi, All Progressivess Congress (APC), Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC) as respondents.
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.