A Federal High Court sitting in Abuja has granted an ex-parte order for the plaintiff in the defection case against former speaker of the House of Representatives, Yakubu Dogara, to paste the hearing notice in his office after alleging inability to personally serve him the notice for the suit against him.
The suit filed by Incorporated Trustees of United Global Resolve for Peace Organization is seeking the removal of Dogara from the National Assembly after he defected from the People’s Democratic Party (PDP) to the All Progressives Congress(APC).
Justice Okong Abang of the court granted the order on Tuesday following a notice by the plaintiff that the former speaker who represents Bogoro/Dass/Tafawa Balewa Federal Constituency of Bauchi state, had frustrated efforts to personally serve him with court processes.
The group which filed the motion through its counsel, Michael Okejimi Esq. of Messrs. Micheal Okejimi and Co. Law Empire, sought for “an order of this Honourable Court granting the Plaintiff/Applicant leave to serve the 1st Defendant/Respondent in this suit by substituted means, to wit; by pasting copies of the Originating Summons, Hearing Notices and all other processes filed and purposed to be filed in this case at his office at the National Assembly Complex, Three Arms Zone, Abuja, all attempts to serve the 1st Defendant/Respondent personally having failed.”
Nairalovers earlier reported that the plantiff had on August 4, 2020 prayed the Abuja Court to declare vacant, Dogara’s seat at the House of the Representatives.
He had also urged the court to order the Independent National Electoral Commission (INEC) to conduct a bye-election to fill the vacant seat.
The suit came after Dogara had defected back to the ruling APC on July 24, 2020, having accused the PDP leadership in his state of mismanaging public funds and bad governance.
But the group is querying why he left a party under which he got re-elected into NASS.
After the court order on Dogara, his counsel, Isiaka Kadiri told the judge that he actually came to collect the court processes for his client.
“My, Lord, even though we are here to come to court to collect the processes on his behalf. I have no objection for trial date,” he said.
But Justice Abang, agreeing with the plantiff’s motion, told Kadiri that it was his client that should be served.
“You can’t serve counsel with originating summons…the proper thing has been done.
“This matter is hereby adjourned to 5th February for hearing; hearing notices is to be issued on the second to sixth Defendant,” he ruled.
Defendants in the suit include the Peoples Democratic Party (2), All Progressive Congress (3), Speaker of the House of Representatives (4), Independent National Electoral Commission (5); and the Attorney General of the Federation (6).
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