Tribunal orders substituted service on Fayose

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In Nigeria
Jul 24th, 2014
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The Ekiti State Governorship Election Petition Tribunal has permitted the All Progressives Congress (APC) to serve the governorship candidate of the Peoples Democratic Party (PDP) in Ekiti State, Mr. Ayo Fayose, through substituted service.

The three-man tribunal headed by Justice Muhammad Sirajo granted the order following an exparte application by Kabir Akingbolu, counsel to the APC.

Akingbolu told the tribunal that it was difficult serving Fayose the petition.

Justice Sirajo also granted an order for the Independent National Electoral Commission (INEC) to permit the APC unrestricted access to the electoral materials used in the said election for purpose of inspection.

The motion brought pursuant to Section 151 (1&2) and paragraph 47(1 and 2) of the First Schedule of the Electoral Act 2010 as amended was supported by a 15-paragraph affidavit deposed to by Christian Okoh, a lawyer.

Justice Sirajo said: “Leave is hereby granted the applicant to move the application outside and prior to per-hearing session.

“Prayer 2,3 and 4 are consequently granted subject to the payment by the petitioner to the Chief National Electoral Commissioner the requisite fee for the certification of documents aforementioned.

“With respect to the second motion no: EKS/Gov/M3/14, the application for substituted service of the petition on the second respondent (Fayose) is also granted in view of the failure of personal service.”

The APC’s lawyer told reporters that the ruling has empowered the petitioner to serve Fayose a copy of the petition through courier to his home country in Afao-Ekiti or by pasting a copy on the wall of the PDP secretariat in Ado-Ekiti.

Akingbolu’s said: “The court has granted us an order to use an expert in handwriting, biometric data and scientific analysts that can examine the ballot papers to prove whether the allegation we made is true or not, which we believe will be successfully proved.”


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