The Ekiti State Governorship Election Petition Tribunal has granted leave to the Peoples Democratic Party and its candidate in the July 14 governorship poll, Prof. Kolapo Olusola, to serve the All Progressives Congress and its candidate, Kayode Fayemi, its notice of petition through substituted means.
The tribunal said the petitioners should serve their process by conspicuous pasting and courier services on the respondents.
The Independent National Electoral Commission had declared Fayemi as the winner of the election.
The order was granted following an ex parte motion filed by counsel for Kolapo, Yusuf Ali (SAN), brought pursuant to paragraphs 8 (2), 47 (1), ( 2), and 54 of the Electoral Act , 2010 (as amended) and Order 6, rule 5 of the Federal High Court.
The motion was premised on an affidavit by the bailiff of the Tribunal, who stated that he could not effect personal service of the Petition on the second and third Respondents which are APC and Fayemi respectively.
The bailiff claimed that the party’s office in Ajilosun area of Ado Ekiti had been under lock and keys while Fayemi was currently out of the country.
In the ex parte, Obafemi Adewale, who represented the petitioners, sought the following:
“An order of the Honourable Tribunal granting leave to the Petitioners/Applicants to bring this application before the pre-hearing session and to hear and determine same accordingly
“An Order for substituted service of the Petition and other processes filed by the Petitioners/Applicants in this Petition on the second and third Respondents, Olukayode John Fayemi by substituted means to wit: By delivering the Petition and other processes filed by the Petitioners to any of the officials or members of staff of the second Respondent at the Ekiti State Chapter of the All Progressive Congress, on No 156, Ajilosun Street, Ado Ekiti, Ekiti State
“And/or by serving the Petition and its accompaniments and other subsequent processes filed by the Petitioners in this Petition by pasting i.e notice put up at a conspicuous place at the Ekiti State Secretariat of the 2nd Respondents at No 156, Ajilosun Street, Ado Ekiti, Ekiti State.