The judge however ordered INEC to forward a copy of the said petition it received from Melaye's constituency, signatories, including the full list of the petitioners to the senator.
While ruling on the required signature to proceed with the recall, justice Dimgba held that in the face of the statistical analysis accompanying the suit, the number of signatures gathered to begin the recall process in Melaye Senatorial's district was 188, 588 out of the 360,100 registered voters.
Dimgba's ruling effectively puts an end to Justice John Tsoho's earlier ex-parte order which directed all parties involved to maintain status quo.
But Justice Nnamdi Dimgba, in his judgment, ordered that the Independent National Electoral Commission (INEC) go ahead with the recall process.
He ordered that the period would only continue running from Monday with a new time-table to be issued to the Senator.
Countering the petition filed by the APC senator, the presiding judge stated that his Kogi-West constituents were not mandated to afford him fair hearing before sending their petition to INEC.
It subsequently submitted a catalog of the signatures appended to a petition to INEC.
The judge described Melaye's complain that officials of the electoral umpire ought to swear to an oath of neutrality as "premature" since it is not certain that a recall election will hold.
Melaye had accused Governor Yahaya Bello of Kogi state of being behind the recall process, and called on the Senate to stop the process.
"He must first go into the verification exercise and only when he does not get justice that he can come to court", Justice Dimgba ruled.