A Federal High Court, 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 court presided over by Justice John Tsoho, gave the order while ruling on a motion exparte filed before the court by a human right crusader, Debo Adeleke, who asked the court to order, direct service of the processes on defendants through substituted means.
The motion exparte 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 National Assembly, Senate President, Senator Bukola Saraki, and the Deputy Senate President, Senator Ike Ekweremadu as the first to third defendants respectively.
The suit marked FHC/ABJ/CS/566/2018, is seeking an order of the court declaring that the National Assembly, Senate President, Senator Bukola Saraki, and his Deputy, 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.
In the suit, the applicant is seeking an order of the court declaring that 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 is seeking an order of the court directing office of Clark to be serve with the court processes on the ground that the bailiff could not effect personal service on the second and third defendants despite serious effort.
He noted that in the interest of justice, that all defendant be serves to grant them opportunity to be properly and formally brought to the suit pending against them.
In his ruling, the judge held that,: “the plaintiff/applicant shall serve the originating summons and all processes in this suit on the first, second and third defendants through substituted means by delivering same to the designated officers who collect similar documents of the first defendant in the office of Clerk of the Senate and same shall be deemed as good service on second and third defendants.”
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