Justice J. T. Tsoho of a Federal High Court sitting in Abuja has ordered service of originating summons and other court process be served on Senate of the National Assembly and Senate President, through the office of the clerk of the Senate.
The presiding judge, Justice Tsoho who gave the order while ruling on a motion exparte filed by a human right lawyer, Mr Debo Adeleke asked the court to order the service of the processes on defendants through substituted means.
The motion expate was supported by a written address and a six paragraph affidavit sworn to by one Christopher Onwuekwe to authorised service on office of Clarke of the senate. It would be recalled that, Adeleke had instituted a suit against the National Assembly, Senate President, Senator Bukola Saraki, and the Deputy Senate President, Senator Ike Ekweremadu as the first to third defendants respectively.
The suit with No: FCH/ABJ/CS/566/2018 is seeking an order of the court declaring that the defendants (National Assembly, Senate President, Senator Bukola Saraki, and the Deputy Senate President, Senator Ike Ekweremadu) lack jurisdiction and vires to declare Inspector General of Police (IGP), Mr Ibrahim Idris Kpotum a personal non grata and unfit to hold public office within and outside Nigeria and an enemy of democracy.
The applicant is seeking an order of the court declaring the defendants lack power to summon the IGP to appear over the arrest and arraignment of Senator Melaye is subjudice and undue interference with police constitutional power of investigation, arrest and arraignment of suspects.
However, in his motion exparte dated June 28, 2018, the plaintiff seeking an order of the court directing office of Clerk to be serve with the court processes on the ground that the bailiff could not effect personal service on the 2nd and 3rd defendants despite serious effort.
In his ruling, the judge held that,the plaintiff/applicant shall serve the originating summons and all processes in this suit on the 1st, 2nd and 3rd defendants through substituted means by delivering same to the designated officers who collect similar documents of the 1st defendant in the office of Clerk of the Senate and same shall be deemed as good service on 2nd and 3rd defendants.”
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