APC to be Served Notice of Hearing by Substituted Means

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APC to be Served Notice of Hearing by Substituted Means

The Edo State Governorship Election Tribunal sitting in Benin Wednesday, in suit No. EPT/EDS/GOV/3/2016, granted the PDP her prayers to serve the APC the petition papers by substituted service.

Consequently the petition was served today by pasting the petition papers on the gate of the APC secretariat.

Justice Badamasi, the chairman of the tribunal who allowed the petitioners to argue the motion ex parte, outside the pre-hearing session of the court, ruled that the petitioners can serve the APC and Mr Obaseki with the petition and all other processes by substituted means.

He said, ” lthe application is hereby granted as prayed”, because, “it falls in line with paragraph 47 first schedule of the Electoral act as amended and Sections 5(6) 5 of the High Court rules”, applicable able to the tribunal.

The petitioners had asked the court for an order to enable them to serve the APC and Mr Godwin Obaseki their petition by substituted means , “to wit by pasting the said petition and all other processes on the wall or door of the last known addresses”, of the the APC and Mr Obaseki.

The petitioners also told the tribunal that the last known addresses are the APC state headquarters along Airport Road, Benin City, Edo state for the APC and No. 8 Commercial Road, GRA, Benin City, Edo state for Mr Obaseki.

They argued that the grounds for their application were that the bailiff of the Honourable tribunal has made several attempts to personally serve the APC and Mr Obaseki, “but all to no avail”, hence they needed the, “leave of the Honourable tribunal is required “for the APC and Mr Obaseki to be served by substituted means.”

Residents in Benin City wondered why the APC which boasted that it was waiting for Ize-Iyamu in court be running away from being served ordinary court papers.

The PDP has filed a petition asking the tribunal to declare Pastor Osagie Ize-Iyamu of the PDP as the winner of the September 28th governorship election because, according to a PDP recount of the votes, Pastor Osagie Ize-Iyamu still scored the highest votes cast at the election, notwithstanding the money inducement of the APC on the field on election day.










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