By Vivian Okejeme, Abuja
Justice Taiwo Taiwo of the Federal High Court in Abuja, yesterday, ordered substituted service of court summon Governor Mai Mala of Yobe State and 11 others.
The suit before the court is challenging the dissolution of the of the Adams Oshiomhole led National Working Committee (NWC) of the All Progressives Congress (APC).
The order is following the complaints by plaintiff in the matter, Barrister Kalu Kalu Agu, that the respondents have been evading service of court summons since they got wind of the suit.
Consequently, the court ordered that the summons be pasted at the entrance of the National Secretariat of the APC at No: 40 Blantyre Street, Wuse, Abuja.
Asides the governor being the APC National Caretaker Committee Chairman others affected by the order on substituted service are: Governor Sani Bello, Senator Ken Nnamani, Isiaka Oyebola, Dr James Lalu, Senator Abubakar Yusuf, Hon. Akinyemi Olaide, David Leon, Professor Tahir Mamman, Ismail Ahmed and Senator Akpan Udoedehe.
In a short ruling after an exparte motion was argued by the plaintiff on behalf of himself, Justice Taiwo ordered that the originating summons and other processes in the matter be served on 3rd to 14 defendants by posting same on the entrance gate of the APC Headquarters in Abuja, since the party is the second defendant in the matter.
The judge further ordered the service when effected by the court bailiff shall be deemed good and proper service.
He accordingly adjourned hearing in the matter to September 4 .
Kalu, a Youth Leader of the APC in Abia State is challenging the powers of the National Executive Council (NEC) to sack the national leaders barely two years out of their constitutionally guaranteed four year term of office.
In the suit with number: FHC/ABJ/ CS/736/2020, the plaintiff asked for an order of the Federal High Court, Abuja, setting aside the dissolution of the NWC by APC’s NEC meeting held at the presidential villa last month.
He is also praying the court for an order restraining the National Caretaker Committee members led by Buni from parading themselves as national officers of the APC and from usurping the functions of the party’s NWC.
Plaintiff also prayed the court for an order restraining the National Caretaker Committee from putting into effect the resolution of the APC’s NEC meeting passed on June 25, 2020 and for another order against the Independent National Electoral Commission (INEC) from recognizing, dealing with or relating with the caretaker committee in whatever guise to usurp the functions of the NWC.
Similarly, the plaintiff also prayed for an order of mandatory injunction compelling Independent National Electoral Commission (INEC) to continue to recognise the Oshiomhole led members of the NWC as the authentic national officers of the party.
He also prayed the court for an order striking down Article 17 of the APC’s constitution which provided for appointment of officers into the organs of the party for being inconsistent with section 223 of the 1999 Constitution and section 85 of the Electoral Act of 2010.
Respondents in the case are INEC, APC, Governor Mai Mala Buni, Isiaka Oyebola, Ken Nnamani, Stella Okorete, Governor Sank Bello, Dr James Lalu, Senator Abubakar Yusuf, Hon Akinyemi Olaide, David Leon, Professor Their Mamman, Isiaka Ahmed and Senator Akpan Udoedehe.