A Federal High Court in Lokoja has directed that two petitioners in the ongoing recall suit against Senator Natasha Akpoti-Uduaghan be served hearing notices through substituted means.
Justice Isa Dashen gave the order on Thursday after granting an ex parte application brought by the plaintiffs’ legal team, led by Senior Advocate of Nigeria, Dr. Ehiogie West-Idahosa.
The News Agency of Nigeria (NAN) reports that the plaintiffs, ANEBE JACOB-OGIRIMA, JOHN ADEBIS!, MUSA SIYAKA-ADEIZA, AHMED USMAN and MALEEK YAHAYA, had on March 20 obtained an ex parte motion preventing the Independent National Electoral Commission (INEC) from receiving any recall petition against Sen. Akpoti-Uduaghan.
The same court, on March 24, vacated the ex parte order following an application filed by INEC, which said that person or institution could stop it from carrying out its constitutional duties.
On that same day, March 24, some constituents from the Kogi Central Senatorial District presented their petition for the recall of Sen. Akpoti-Uduaghan from the National Assembly.
Although that petition has been declared incompetent, null and void by INEC, the plaintiffs in the case insisted on going on with their case by joining two of the petitioners, Salihu Habib and Charity Omole, as defendants in the case.
West-Idahosa, who was represented by Smart Nwachimere, said that the petitioners were among those who signed the petition against Sen. Akpoti-Uduaghan.
The counsel told the court that he tried all he could to serve the two petitioners with the originating summons and hearing notices but to no avail.
“My lord, we have an application seeking an order to serve both Habib and Omole but failed to serve them personally.
“The bailiff of this court can testify to the fruitless efforts made to serve them personally.
“Therefore, we hope your lordship will consider our application and grant as prayed,” he said.
He pleaded: “An order of this honourable Court granting leave to Plaintiffs/Applicants to serve the motion for joinder and accompanying documents, including the originating summons in this suit on Habib and Omole at their various addresses.
“AN order of this Honourable Court deeming the said substituted service of pasting as proper service when effected, assessed fees having been paid.”
INEC Counsel, Mr Abdullahi Aliyu-Ibrahim, SAN, who was represented by Mr E.A. Osayemi, did not object to the application moved by plaintiffs.
He said. “My Lord, we are not objecting because it has nothing to do with us.
“INEC has thrown out that petition which brought about this case, and as such, we see no reason why this matter should continue.
“Left for us, they should just withdraw the case since the petition filed before us is dead already.”
Justice Dashen, after listening to their arguments, allowed the application and ordered that the two petitioners, Habib and Omole, should be served through substituted means.
The case was adjourned to May 8 for hearing.
NAN
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