The Election Petition Tribunal in Ado Ekiti on Wednesday
granted an ex parte order to the Peoples Democratic Party(PDP) to serve the
candidate of the All Progressives Congress (APC) and
Governor-elect, Dr. Kayode Fayemi, through
substituted means.
The PDP candidate, Prof Kolapo Olusola, had last
week Friday filed a
700-page petition against the declaration of Fayemi
by Independent
National Electoral Commission (INEC) as the validly
elected governor of the state.
The governorship election that produced Fayemi as
the governor-elect was conducted on July 14 , 2018, in the state.
The tribunal’s Chairman, Justice Suleiman Belgore, Wednesday
ordered the PDP to paste the service at APC’s office in Ado Ekiti or conveyed
the message through newspapers publication.
The tribunal’s bailiff had complained that he could not effect personal service of the
petition to the 2nd and 3rd respondents which are APC and Fayemi respectively,
as the party's office in Ajilosun area of Ado Ekiti has been under lock and key
while the 3rd respondent is currently out of the country.
Following this, the PDP, through its legal team led
by Yusuf Ali (SAN), filed a motion ex
parte pursuant to paragraphs 8 (2), 47 (1), ( 2), and 54 of the electoral Act ,
2010 ( as amended), Order 6, rule 5 of the Federal High Court.
The ex parte motion moved by Obafemi Adewale, who
represented the petitioners, sought the following: ‘An order of the tribunal
granting leave to the petitioners/applicants to bring this
application before the pre-hearing session and to
hear and determine same accordingly
‘An order for substituted service of the petition
and other processes filed by the petitioners/applicants in this petition on the
2nd and 3rd respondents, Olukayode John Fayemi, by substituted means to wit: By
delivering the petition and other processes filed by the petitioners to any of
the officials or members of staff of the 2nd respondent at the Ekiti State
chapter of the APC, Ekiti secretariat at No 156, Ajilosun Street, Ado Ekiti,
Ekiti
State
‘And/or by serving the petition and its
accompaniments and other subsequent processes filed by the petitioners in this petition
by pasting the notice at a conspicuous place at the state party
Secretariat of the 2nd respondents at No 156,
Ajilosun Street, Ado
Ekiti, Ekiti State.
‘And/or by serving the petition and its
accompaniments and other subsequent processes filed by the petitioners in the petition
by pasting the notice at a conspicuous notice board at the Ekiti
State High Court premises, Ado Ekiti Judicial
Division, Ekiti State.
‘And /or in the alternative, leave of the tribunal
to serve the
petition and its accompaniments outside the
jurisdiction by delivering same at the
National Head office of 2nd respondent (APC), at 40,
Blantrye street, off Adetokunbo Ademola streets,
Wuse II, Abuja, via courier service by a registered courier company and other
and valid and proper service on the 2nd and 3rd respondents respectively.
‘An order
deeming the service of the petition, its accompaniments and other subsequent
processes through any of the above substituted means as valid and proper
service on the 2nd and 3rd respondents’.
However, Adewale also sought abridgement of the
time for the 2nd
and 3rd respondents to respond not later than 14
days from the date of service.
He did this on the grounds that the lordships of the tribunal have the
discretion and power to abridge the time for respondents as sought by PDP
counsel.
Adewale also urged the tribunal to be mindful of
the time limitation of the
case and on the need to ensure justice is served on
all parties.
In their ruling, the Tribunal granted prayer(s) 2
(a), (c) and (d) as
contained in the motion exparte which is to paste
the petition and accompany processes at a conspicuous place in the premises of
the tribunal in Ado Ekiti, and as well
send same via a registered courier service to the national headquarters of the
APC in Abuja.
The tribunal however didn't grant the
service of petition notice to
the APC Secretariat in Ajilosun in Ado Ekiti as it
noted that the office has been under lock and key.
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