Shame on Melaye

Yesterday, Independent National Electoral Commission (INEC) officials were at Senator Dino Melaye’s office to serve him notice of recall proceedings being initiated against him. The Senator was not in the office, but it was reported that he was very much within the National Assembly complex.

After waiting for some time, the INEC officials left the notice of recall and copies of the petition against him by his office door and left. I hear that soon after they left, Melaye emerged from nowhere in his usual brash and loud manner, took some snap shots and headed to his car and was driven away. Meaning he evaded being served the notice of his recall.

It is difficult to determine if depositing the recall notice and copies of petition (loaded in Bagco sacks a.k.a Ghana Must Go) at Dino Melaye’s office door is sufficient to conclude that has been duly served. Hopefully, lawyers will educate us on this. I do however advise that INEC should go the extra mile through substituted service (lawyers, abeg make una no vex if I get am wrong oh) to make “assurance doubly sure”

But beyong that, it is really interesting seeing how Melaye – a federal law maker – is trying desperately to thwart the people’s will, and by extension, the law of the land. Melaye was voted by the people of Kogi West senatorial zone to represent them in the Senate. In their quest to recall their senator back home, they have abided by the provisions of Section 69 of the 1999 Constitution as it relates to these things. In fact, over fifty-two percent (specifically 52.3%) of them want him recalled. The same people who gave him the mandate to represent them, now want him to return home having, in their opinion, not represented them faithfully.

But Melaye is thwarting that move. Recall that soon after his constituents submitted their recall petition to INEC, Melaye publicly claimed that it was not the wish of the people of his constituency but that of his state Governor, Yahaya Bello, with whom he has been having a running battle. That claim was of course punctured. Next, Melaye enlisted the help of principal officers of the Senate. Deputy Senate President, Ike Ekwerenmadu, tried to arm-twist INEC when he declared that the Senate would verify the signature of the petitioners – something only INEC is empowered by law to do. Ekwerenmadu’s goof, coming from a man who should know what the law says, was greeted with uproar. Thus, that move also fell apart. Then Melaye went to court to challenge his recall. That also was thrown out the window.

Next, Melaye declared that his recall process was unconstitutional as 90 days within which to conclude it had elapse on account of the court action he initiated. That too lie prostrate as everyone knows that an intervening period of court action does not count in the time within which a recall should be concluded.

Thus empowered, INEC proceeded to do its duty by serving Melaye with notice. The Senator is now evading the notice. Shame on him. My question is, what is he afraid of? If, according to him, his recall is not the wish of Kogi West voters, he should subject himself to the process. Eventually, everything will pan out in his favour, if indeed his state Governor, not Kogi West people, is the one “witch-huntin” him.

Senator Melaye is quick to shout rule of law, but pray, is he following rule of law by evading being served notice? He is quick to accuse President Buhari of dictatorship, but is he not being dictatorial by insisting on representing a people who do not want him? If the same people who voted him to represent them now feel that he no longer serves their interest, it is expected of Melaye to yield to their wish – not thwart it.

I think Senator Melaye should do the honourable thing by allowing his recall process to proceed without hindrance. In fact, if he had any modicum of integrity, he should temporarily step aside from his seat so as to allow for a free, fair and open recall process. If at the end of the day, the recall fails, he can always return to his seat. He should know that, that a recall process was initiated against him at all is an indictment. It is not something he should take pride in fighting, rather it is something that should make him reflect on his conduct in the Senate so far and try to make amends by apologizing to them with a promise to rededicate himself to their service.

On a lighter note, I want to ask, why should evading recall notice not be criminalized in our statute books? If tax evasion is a criminal offense, then recall notice evasion should also be a criminal offense. Both have the same effect – depriving the people.