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Tag: substituted service

  • NBA election: Court grants order for substituted service

    The High Court of the Federal Capital Territory (FCT) has granted Chief Arthur Obi Okafor (SAN) leave to  serve the Nigerian Bar Association (NBA) and other defendants in his suit against them through substituted means.

    Okafor, in his originating summons, prayed the court for an order granting him leave to serve the originating processes on the defendants except Crenet Techlabs limited (sixth defendant) and Chams Plc (seventh defendant) by substituted means through the NBA General Secretary or any officer in his office.

    Granting the motion ex-parte, Justice O. A. Adeniyi adjourned until November 13 for a report of service.

    The suit is challenging the outcome of the August NBA election in which Mr. Paul Usoro (SAN) was declared winner.

    Okafor said the Electoral Committee of the NBA made the declaration without first carrying out an audit of the election as contained in the NBA constitution and electoral guidelines.

    The SAN is asking for a proper audit of the election to ascertain the true winner.

    Usoro had polled 4,509 votes to defeat Okafor and Ernest Prof Ernest Ojukwu (SAN), who scored 4,423 and 3,313 votes.

    Okafor wants the court to determine if it was right for ENCBA to announce the result of the election and issue a certificate of return to Usoro without verification of votes cast and without instituting an audit of the electoral process, earlier promised by the electoral committee.

    He is further asking the court to determine whether “it is right for the court to direct that the outcome of the participatory, independent post-election audit should validate or invalidate the aforesaid result declared by the ECNBA or the election itself.”

    Okafor further wants the court to appoint either Price Waterhouse Coopers or Akintola Williams & Deloitte, two forensic audit firms, to conduct a verification of voters or audit the electoral process leading to the results announced.

    He is also seeking an order from the court directing the Body of Benchers to supervise and give effect to the outcome of the post-election audit.

    In the suit numbered CV/2633/2018 filed August 29, Okafor SAN is seeking:

    • A declaration that there are three stages of the election process for the 2018 national officers’ election of the NBA which includes verification, accreditation/voting and post-election audit or verification of votes.
    • A declaration that the first, second, and third defendants are bound to conduct a post-election audit for the 2018 NBA national Election in accordance with the ECNBA guidelines dated the 21st day of July, 2018 and or the constitution of the NBA, 2015.
    • A declaration that the verification of votes and or post-election audit being a vital and an integral part of the electoral process for the NBA national officers’ election of 2018 as contained in the NBA Constitution 2015 ought to have been conducted before the announcement of the results and issuance of certificate of return to the fourth defendant.
    • A declaration that the failure of the ECNBA to conduct an all candidates participatory post-election audit and the issuance of certificate of return to the fourth defendant renders the announcement of the purported results and the issuance of the certificate of return to the fourth defendant null and void and of no effect whatsoever.
    • An order of the honourable court directing an independent participatory post-election audit or verification of votes to be conducted to audit the election process culminating in the result declared by the third defendant (ECNBA).
    • An order of the honourable court appointing either Price Waterhouse Coopers of Lanmark House, Water Corporation Drive, Oniru, Lagos State, or Akintola Williams & Deloitte of Ikorodu Road, Obanikoro, Lagos State, being internationally acclaimed forensic audit firms respectively to conduct a verification of votes or to audit the electoral process leading to the results declared by the third defendant (ECNBA).
    • An Order of the honourable court directing the Body of Benchers to supervise and give effect to the outcome of the Post-Election Audit as ordered by the Honourable court.

    Usoro has since been sworn in as NBA president.

  • Ekiti: Court grants Oni’s prayer for substituted service in suit against Fayemi

    A former Ekiti State Governor Segun Oni yesterday got the nod of a Federal High in Abuja to serve processes through substituted means on the state’s Governor-elect Kayode Fayemi on a suit challenging his eligibility to contest the last governorship election.

    By substituted means, Justice Nnamdi Dimgba, in an ex-parte ruling, said the originating documents, filed by Oni, should be served on Fayemi through the head office of their party, the All Progressives Congress (APC), in Abuja.

    Oni had alleged, in his motion ex parte, that Fayemi was evading service.

    He sought the court’s permission to serve him through substituted means.

    Justice Dimgba, after granting Oni’s prayer, adjourned till September 5 for a report of service.

    Oni averred that Fayemi was not qualified to participate in APC’s primary on May 12 on the grounds that he did not resign his appointment as Minister Mines and Steel Development, in line with the law.

    Oni also claimed, among others, that Fayemi won the APC’s primary on May 12 while he was still the Minister of Mines and Steel Development, a position he did not officially resign from until May 30.

    The former governor queried Fayemi’s eligibility for the primary on the strength of his (Fayemi) purported indictment by the Justice Oyewole Judicial Panel of Enquiry, set up by the state government to probe Fayemi’s tenure.

    The plaintiff, who came second in the primary with 481 votes behind Fayemi’s 941, prayed the court to declare him the valid flag bearer of the party.

    Oni also sought “a declaration that the claimant (Oni), having scored 481 votes, which is the majority of lawful and valid votes at the second defendant’s (APC’s) May 12 governorship primary for the purpose of determining the second defendant’s candidate for the July 14 election for the office of governor of Ekiti State, is the person that was validly nominated by the 2nd defendant for the 14th July, 2018 election for the office of Governor, Ekiti State”.

    He also prayed the court to determine “whether by virtue of APC’s constitution and particularly Articles 2 and 5 of All Progressives’ Congress 2014 Guidelines for the nomination of candidates for public office, as applicable to the APC governorship primary conducted on May 12, the first defendant, being a serving member of the Federal Executive and Federal Minister of Solid Minerals, Mines and Steel Development, having not resigned his appointment as a member of Federal Executive and Minister of Solid Mineral, Mines and Steel Development, at all or at least 30 days to the primary of May 12, was qualified to contest and participate in the said APC governorship primary of May 12 as an aspirant in that election”.

    He urged the court to determine “whether by virtue of APC Constitution and particularly Articles 2 and 5 of APC 2014 Guidelines for the nomination of candidates for public office as applicable to the APC governorship primary conducted on May 12 at Damilek Event Centre, Ado-Ekiti, for the purpose of determining or nominating the second defendant candidate for the July 12 Ekiti State governorship election, the first defendant, having been indicted by Hon. Justice Oyewole Judicial Panel of Enquiry, was qualified to contest and participate in the APC governorship primary of May 12, as an aspirant in that election.”

  • Synagogue: Court orders substituted service on contractors

    Synagogue: Court orders substituted service on contractors

    Justice Lateef Lawal-Akapo of a Lagos High Court sitting in Ikeja, on Friday ordered that a substituted service be effected on the contractors that supervised the collapsed guest house belonging to the Synagogue Church of All Nations (SCOAN).

    The trial judge gave the order while giving a ruling in the suit filed by the Lagos State government against the trustees of the church.

    The judge directed that substituted service of the court process be effected on the contractors by pasting same on the front door of their addresses at 34, Akindele Street, off Collinton Bus-Stop, Alagbado, Lagos State, and 42, Toyin  Street, Ikeja, Lagos State.

    The court also ordered that a photographic evidence showing the Sheriff of the court pasting same should be tendered before the court.

    The contractors, Oladele Ogundeji and Akinbela Fatiregun are the fourth and fifth defendants in the criminal charge initiated by the Lagos State government against the defendants including the Registered Trustees of the Synagogue Church of All Nations (SCOAN), Hardrock Construction Company, and Jadny Trust Limited, who are first and third defendants in the suit respectively.

    Prior to the order of the court, counsel to the state government, Idowu Alakija had informed the judge of the existence of a “motion experte” dated December 11, 2015 and filed on the same date.

    In asking the court to allow the said application, Alakija had informed the court that, “We have been able to serve the first, second, and third defendants and there is proof of service to that effect.

    “But we have been unable to effect service of court processes on the fouth and fifth defendants. There is a motion exparte and we pray your lordship to allow us move same.

    “It is seeking an order to serve the information on the fourth and fifth defendants by substituted means by pasting on their addresses.

    “The affidavit evidence to show that it has been impossible to serve the fourth and fifth defendants are before this court.”

    The Lagos State government had sued the defendants before the court sequel to their indictment and subsequent recommendation for prosecution by the Coroner Inquest it set up to investigate the cause of the collapse leading to the death of 116 people mostly South Africans in September 12, 2014.

    The Lagos State Coroners Court sitting in Ikeja, presided over by Chief Magistrate Oyetade Komolafe had on August 7, 2015 ,ruled that the church and its contractors were essentially negligent in the fatal collapse of the six-storey building owned by the church.

    But the contractors rejected the verdict of the coroner describing it as “unreasonable, one-sided and biased”.

    They had subsequently initiated two separate suits before Justice Ibrahim Buba of the Federal High Court sitting in Ikoyi, Lagos.

    The contractors in their suit prayed Justice Buba for an order restraining the police from inviting, arresting or prosecuting them over the victims’ death.

    They had claimed that the Nigeria Police, Council of Registered Engineers of Nigeria (COREN) and the Lagos State Government (Respondents) will act upon the Coroner’s findings by proceeding to arrest, investigate and/or prosecute them for criminal negligence.

    They had also contended that if the respondents carry out these aforementioned acts, their actions would amount to a likely breach of their fundamental human rights to fair hearing, human dignity and personal liberty.

    But Justice Buba, in his ruling on the defendants’ preliminary objection held that the engineers “had not made a case for infringement on their fundamental human rights even on the merit of the application”, and dismissed their applications on November 11, 2015 paving the way for the trial to commence.

    Further hearing in the matter has been adjourned till January 19, 2016 for report of service and possible arraignment.

     

  • Tribunal orders substituted service

    The Election Petition Tribunal sitting in Akure, Ondo State, yesterday ordered substituted service of the petition brought by the All Progressive Congress (APC) and its candidate, Gbenga Edema, challenging the victory of the candidate of Peoples Democratic Party (PDP), Coker Malachi.

    The petitioner’s lawyer, Charles Titiloye, said Malachi had been evading service of the petition.

    The Tribunal Chairman, Justice O A. Ogar, ordered that the petition be pasted on the front wall of the fence of the state PDP secretariat at 3 Bishop Fagun Road, Akure.

    The tribunal stated that the said service shall be deemed as proper service on the respondent.

    All the five APC lawmakers-elect whose elections are being challenged by the PDP were in court to be served copies of the petition against them.

    Justice Ogar praised Titiloye for bringing his clients to collect the petitions without waiting for substituted service.