A Federal High Court in Lagos has fixed May 3 to hear a suit by a chieftain of the All progressives Congress (APC), Adewale Hameed, challenging the purported tenure elongation of members of the Party’s National Working Committee (NWC).
When the case was called on Friday, Dr Muiz Banire (SAN), counsel to the APC, told the court that the Party had filed an application to set aside the service of the originating processes on them.
Banire said the order for substituted service on the APC was obtained fraudulently as the address stated on the order was wrong.
He said the address of the APC secretariat is No. 40, Blantyre St., and not No. 16, Blantyre Avenue that was stated in the order.
“The website the applicant claimed to have got the address from is not ours, a Good Samaritan brought our attention to today’s date, we are yet to receive any process.”
Banire said that they had also filed a further affidavit to prove same and attached correspondence from INEC showing their correct address.
The applicant’s counsel, Babatunde Fashanu (SAN) told the court that the Party should be stopped from denying the address as the website was clearly APC website and an exhibit had been attached to prove same.
“If they were claiming the website is fake, they should have taken appropriate steps to bring down the website.”
Fashanu said moreover, the bailiff of the court had sworn to an affidavit of proof of service on oath that it was at the APC secretariat he served the processes.
In a short ruling, Justice Mojisola Olatoregun, held that it was essential for proper service to be effected on the defendants.
“The website may be fake but I find no evidence of fraud, I see no reason to set aside the service, so we do not waste time; another set of processes should be served at No. 40, Blantyre Street,” she held.
Consequently, she adjourned the suit until May 3 for hearing of the originating motion.
We recalls that another Chieftain of the Party, Okere Uzochukwu, had on March 4 filed a suit seeking the determination of the court whether the extension of the NEC and NWC elected or appointed members was constitutional.