2023: Court orders substituted service of documents on PRP’s presidential candidate

The Abuja Division of the Federal High Court has ordered Kola Abiola, the presidential candidate of the Peoples Redemption Party (PRP), to be served with documents filed in a suit seeking his nullification at the party’s headquarters in Abuja.

Justice Ahmed Mohammed gave the order on Wednesday after Wilson Ivara, the lead counsel for the plaintiff, moved an ex-parte motion seeking substituted service of court processes on Mr Abiola, which was not opposed by Juliet Anyata, lawyer to PRP.

Patience Ndidi Key, a female presidential aspirant in the June 5 primaries conducted by the party, had prayed the court to nullify the poll that produced Mr Abiola as the PRP’s presidential candidate.

In an originating summons marked FHC/ABJ/CS/1001/2022, Ms Key also prayed for an order setting aside the declaration of Mr Abiola as the winner of the primaries conducted across the country.

The presidential candidate is the son of late MKO Abiola, the acclaimed winner of the June 12, 1993, presidential election.

The plaintiff had sued the party, Mr Abiola, and the Independent National Electoral Commission (INEC) as first, second and third defendants, respectively.

When the matter came up for mention, Mr Ivara informed that he had a motion ex-parte seeking leave of the court to serve the originating summons, notice of amendment and other processes on the second defendant (Mr Abiola) by substituted service, through pasting them at the PRP national headquarters located at No. 8, Ogabi Street, Garki 2, Abuja.

He also sought an order deeming the service of all the court papers by substituted means on Mr Abiola as valid and proper service.

He said the motion was dated and filed on September 2.

After Ms Anyata did not oppose it, the judge granted the application as prayed.

“We shall be asking for a date to enable us to serve all the parties in the matter,” Mr Ivara said

But Ms Anyata told the court that she also has a motion on notice seeking to regularise their application.

“I have been able to serve the plaintiff and INEC,” she said.

She described the motion as a harmless application.

The motion sought an order extending the time within which PRP was to file its Memorandum of Conditional Appearance in line with FHC Practice Direction, same being out of time.

The judge, however, asked her if Mr Abiola (the second defendant) had been served, and she responded in the negative.

Mr Mohammed, who said all parties in a suit must be served with any motion before “it can be moved except if it is a motion ex-parte,” refused to grant the lawyer’s request.

He adjourned the matter until October 11 for further mention and directed that hearing notices be issued to the second and third defendants.

Neither Mr Abiola nor INEC was represented in court.

(NAN)