Ekiti Election: PDP to File Suit on Fayemi, APC
The Peoples Democratic Party (PDP) on Friday said it had served the notice of governorship petition to the All Progressives Congress (APC) and its candidate in the Ekiti governorship election through substituted means.
The PDP, through its legal team, headed by Yusuf Ali, a Senior Advocate of Nigeria (SAN), filed a motion exparte 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.
A member of the PDP legal team, Obafemi Adewale, said, “The APC locked up its state secretariat to evade service and waste time. But we went back to the tribunal to get an order for substituted service and as I speak, effective, regular and valid service of the petition has been affected”
“And/or by serving the Petition and its accompaniments and other subsequent processes filed by the Petitioners in this Petition by pasting i.e notice put up at a conspicuous place at the Ekiti State 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 i.e notice out up 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, Blantyre Street, off Adetokunbo Ademola streets, Wuse II , Abuja, FCT 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 for abridgment of the time for the 2nd and 3rd respondents to respond not later than 14 days from the date of service.
This, Adewale did, 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.