CANDIDATE of the All Progressives Congress (APC) in the July 14th governorship election in Ekiti State, Dr. Kayode Fayemi, has asked a High Court in the state to set aside an order it made for a substituted service on him in a matter brought against him by the state government.
Dr Fayemi, through his counsel, Chief Rafiu Balogun, had kicked against the ruling delivered by Justice Cornelius Akintayo, on May 28th claiming that himself and a former Commissioner for Finance in the state, Mr. Dapo Kolawole, were not “properly served”.
According to him, the only recognised substituted service by the relevant law was by affixing the summons or other processes at the conspicuous place or premises of the person to be served.
He said his clients were not properly served before the court gave the last ruling, and argued that the mode of substituted service through an advertisement in a newspaper was unknown to the Ekiti State Administration of Criminal Justice Law 2014 governing criminal matters in the state.
Balogun also cited the case of Garba v State as reported in 2014 AFWLR pt 756 pg 423 @ 444-445 and contended that the Court of Appeal had ruled that the only two means of service in criminal matters are personal service or service by pasting.
The state government, in a matter questioning the eligibility of Fayemi to contest the election, could not get to serve him the summons, and Justice Akintayo on 28th May ordered for substituted service following inability of the state government to effect service on Fayemi and a former Commissioner of Finance in the state, Mr. Dapo Kolawole.
However, Mr. Ola Olanipekun (SAN), who appeared for the state government, faulted the application and described the application as “an abuse of court process.”
Olanipekun (SAN) said the order was executed on May 31st, noting that it was late for the court to set aside the order already executed and held that the application of the defendants was “misconceived and an abuse of court process,” because “once an order is executed, it cannot be set aside.”
Olanioekun also held that Section 6 Sub-Section 6 of the Constitution refers to all judicial powers to facilitate delivery of justice, including powers to make orders not provided for in adjectival law.
A judicial panel of inquiry set up by the state government had indicted Dr. Fayemi and Kolawole of fraud, and the government had issued a White Paper through which the duo were barred from holding public office for 10 years.
The panel had indicted Fayemi and Kolawole for alleged fraud while in office between 2010 and 2014.
Justice Akintayo adjourned the case till July 11 for ruling on the applications.
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