The senator representing Kogi west, Dino Melaye, has asked the appeal court to upturn the verdict of the Kogi tribunal sacking him as a lawmaker.
In August, the tribunal nullified the election that took place on February 23 and ordered the electoral commission to conduct a fresh election within 90 days.
The verdict of the tribunal is coming after the candidate of the All Progressives Congress (APC), Smart Adeyemi, filed a petition challenging Melaye’s victory.
But Melaye disagreed with the tribunal and appealed its judgement on 23 grounds.
According to the notice of appeal dated September 5, Melaye is also seeking two other reliefs which include 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 filed on behalf of the law maker’s behalf by his counsel, Rickey Tarfa, has Adeyemi, Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC) as respondents.
Some of the grounds of appeal include whether the person sued at the tribunal being Dino Melaye is the same as the person who contested the poll and returned winner of the election as contained on Form CF001, which is 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 appeal read.
Melaye averred that it was wrong and illegal for the Tribunal to agree with the over-voting allegation by Adeyemi without recourse to the voters register as evidence even as he accused the same Tribunal of granting contradictory reliefs sought by the petitioner and including the one not prayed for.
“The judgement of the Tribunal was perverse and against the weight of evidence before it,” it read.