Justice Isa Dachen of the Federal High Court, Lokoja, on Thursday ordered that hearing notices be served on two petitioners by substituted means in the suit on the recall of the Senator representing Kogi Central, Natasha Akpoti-Uduaghan.
The judge gave the order after granting the motion ex parte raised by the plaintiffs through their counsel, Dr. Ehiogie West-Idahosa (SAN).
The plaintiffs – Anebe Jacob-Ogirima, John Adebisi, Musa Siyaka-Adeiza, Ahmed Usman and Maleek Yahaya – had on March 20 obtained an exparte motion preventing the Independent National Electoral Commission (INEC) from receiving any recall petition against Akpoti-Uduaghan.
The court, on March 24, vacated the ex parte order following an application filed by INEC, which said that a person or institution could stop it from carrying out its constitutional duties.
On the same day, some constituents from Kogi Central Senatorial District presented their petition for the recall of SAkpoti-Uduaghan from the National Assembly.
Although that petition has been declared incompetent, null and void by INEC, the plaintiffs in the case insisted on going on with their case by joining two of the petitioners, Salihu Habib and Charity Omole as defendants in the case.
West-Idahosa, who was represented by Smart Nwachimere, said the petitioners were among those who signed the petition against Akpoti-Uduaghan.
The counsel told the court that he tried all he could to serve the two petitioners with the originating summons and hearing notices, but to no avail.
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He said: “My lord, we have an application seeking an order to serve both Habib and Omole, but failed to serve them personally.
“The bailiff of this court can testify to the fruitless efforts made tie serve them personally.
“Therefore, we hope your lordship will consider our application and grant as prayed.”
The INEC Counsel, Mr. Abdullahi Aliyu-Ibrahim (SAN), did not object to the application moved by the plaintiffs.
He said. “My Lord, we are not objecting because it has nothing to do with us.
“INEC has thrown out that petition which brought about this case, and as such, we have no reason why this matter should continue.
“Left for us, they should just withdraw the case since the petition filed before us is dead already.”
Justice Dashen, after listening to their arguments, ordered that the two petitioners should be served through substituted means.
He adjourned the case to May 8 for hearing.
© Ripples Nigeria
