The appellate court made an unanimous decision to strike out Melaye's application.
The appellate court made a unanimous decision to strike out Melaye's application to stop the Independent National Electoral Commission (INEC) from completing the process after he lost a Federal High Court judgement.
The lawmaker representing Kogi West Senatorial District had argued in his appeal motion that the lower court lacked jurisdiction to try the case.
In the ruling read by Justice Tunde Awotoye, the court dismissed all the grounds of appeal filed by Melaye including the judgement delivered by the Federal High Court.
The court also held that the 90 days stipulated by the constitution within which a recall process would take place "has no time limitation as it can be extended".
In June 2017, a total of 188,580 electorates in Melaye's constituency had signed a register to recall him from the National Assembly for a series of misconducts. INEC took delivery of the recall register on June 21.
After Melaye lost an application in an Abuja division of the Federal High Court to declare the petition submitted to INEC as illegal and unconstitutional, he refused to take receipt of the petition, as required by law.
When INEC filed an application in court to allow it serve the recall petition on Melaye through substituted means rather than personal service, the court had to suspend the hearing because Melaye had filed for an appeal to the initial judgement.