Source: http://punchng.com/court-fixes-may-3-to-hear-oyeguns-tenure-elongation-case/
A Federal High Court in Lagos
on Friday fixed May 3 to hear a
suit by a chieftain of the All
Progressives Congress,
Adewale Hameed, challenging
the purported tenure
elongation of APC ’s national
officers including its Chairman,
John Odigie-Oyegun.
Listed as defendants are
Odigie-Oyegun, Deputy
National Chairman (South ),
Segun Oni; and Deputy
National Chairman (North),
Senator Lawal Shaibu
Others are; National Secretary,
Ibrahim Gubi; Vice-Chairman
(South-west)Mr. Pius
Akinyelure as the fourth and
fifth defendants.
APC and the Independent
National Electoral Commission
are joined as sixth and
seventh defendants
respectively.
When the case was called on
Friday, Dr. Muniz Banire (SAN),
counsel to the APC, told the
court that the sixth defendant
had filed an application to set
aside the service of the
originating processes on
them.
Banire said the order for
substituted service on the
sixth defendant was obtained
fraudulently as the address
stated on the order was
wrong.
He said the address of the APC
secretariat is No. 40, Blantyre
Street, 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, Mr.
Babatunde Fashanu (SAN)
sought the leave of court to
withdraw the motion ex-parte
for substituted service on the
fifth defendant (Akinyelure)
that he had been served
personally.
He also told the court that the
applicant had filed a counter-
affidavit to the sixth
defendant’s (APC) motion to
set aside the order.
According to him, the sixth
defendant 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 a
hearing of the originating
motion.
The News Agency of Nigeria
reports that at a joint meeting
of the National Executive
Committee and the National
Working Committee of the
party in Abuja, the tenure of
the officials was extended by
one year with effect from June
30.
The applicant had on March 9
filed an originating summons,
seeking the determination of
the court whether the
extension of the NEC and NWC
elected or appointed members
was constitutional.
He wants the court to
determine if the defendants
had the constitutional right
under Section 223 of the 1999
Constitution and Articles 13
and 17 of the APC Constitution
to extend the tenure of its NEC
and NWC members.
At the last adjournment, the
applicant’s counsel, Fashanu
(SAN), had moved a motion ex-
parte urging the court to
grant four orders pending the
hearing of the substantive
suit.