Ekiti PDP Gets Order of Substituted Service on Fayemi, APC

Victor Ogunje in Ado Ekiti

The Election Petition Tribunal in Ado Ekiti 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, yesterday 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