An Abuja Federal High Court 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 Presiding Judge, Justice J.T. Tsoho, gave the order while ruling on an ex parte motion filed by a human right crusader, Mr Debo Adeleke.
In the motion, Adeleke is asking the court to order, direct service of the processes on defendants through substituted means.
The motion ex parte was supported by a written address and a six-paragraph affidavit sworn to by one Christopher Onwuekwe to authorise service on Office of Clerk 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, delineated as FCH/ABJ/CS/566/2018, is seeking an order of the court declaring that the defendants (National Assembly, Senate President, Senator Bukola Saraki, and the Deputy Senate President, 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.
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 sub-judice and undue interference with police constitutional power of investigation, arrest and arraignment of suspects.
However, in his motion ex parte dated June 28, 2018, the plaintiff seeking an order of the court directing office of Clerk to be serve with the court processes on the ground that the bailiff could not effect personal service on the 2nd and 3rd 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.
The judge in his ruling held that the plaintiff/applicant shall serve the originating summons and all processes in this suit on the 1st, 2nd and 3rd defendants through substituted means by delivering same to the designated officers who collect similar documents of the 1st defendant in the office of Clerk of the Senate and same shall be deemed as good service on 2nd and 3rd defendants.”
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A Report Of The Judgement Of The 16 Divisions Of The Court Of Appeal In Nigeria