Court grants leave for substituted service to embattled Ekiti speaker

A FEDERAL High Court, Lagos has granted leave‎ to the impeached Speaker of the Ekiti State House of Assembly, Hon. Adewale Omirin and 18 other members of the House to serve the governor and others through substituted means. The leave was granted to them by Justice Saliu Saidu to serve copies of the originating summons and other court processes‎ on the state Governor, Peter Ayodele Fayose and 12 other defendants.

The suit was filed by the impeached Speaker, his Deputy, Adetunji. Orisalade and 17 All Progressives Congress (APC) members of the House seeking to nullify the speaker’s impeachment.

The defendants include, Hon. Dele Olugbemi (1st defendant), Hon. Samuel Ajibola (2nd defendant), Hon. Adeojo Alexander (3rd defendant), Hon. Adeloye Adeyinka (4th defendant), Hon. Isreal Olowo Ajiboye (5th defendant), Hon. Fatunbi Olajide (6th defendant) and Hon. Olayinka Abeni (7th defendant). Others are the Inspector General of Police, Commissioner of Police, Ekiti State, Mr. Owoseni Ajayi, Mr. Kayode Oso and Chief Toyin‎ Ojo.

The court also gave Omirin and other applicants the leave to serve the defendants outside jurisdiction by substituted means through an advertisement in some newspapers circulating within Nigeria.

In the meantime, the impeached Speaker and 18 other members of the House has filed an ex-parte motion seeking to stop legislative functions in the State House of Assembly pending the final determination of the suit he filed against his removal from office. The application was brought pursuant to Order 3 Rule 6, Order 26 Rule 1, 7(2), Rule 8 of the Federal High Court(Civil Procedure) Rules 2009, Section 41(c) of the Criminal Code Cap 38 LFN 2004, Section 1(1),

1(2), 40, 92(1), (2)(c), 96(1), 98(1), 99, 108(3), 192(2) & 251(2)(4) of the 1999 Constitution (as amended) and under the inherent jurisdiction of the court.

In the application, Omirin and other applicants are seeking for the following reliefs; “An order restraining Hon. Dele Odugbemi (1st defendant) and Hon. Olayinka Abeni (7th defendant) from parading themselves or otherwise acting in the capacity of Speaker and Deputy Speaker, respectively, of the Ekiti State House of Assembly as same is illegal, unconstitutional and ultra vires pending the determination of the motion on notice.

“An order of interim injunction restraining the 1st-7th defendants, whether by themselves or their agencies/privies, from illegally carrying out legislative functions to wit, making laws or transacting business as legislators of the Ekiti State House of Assembly, pending the hearing and determination of the motion on notice.

An order of interim injunction restraining the 12th, 13th and 14th defendants whether by themselves or by their agencies/privies, from parading themselves as commissioners of the Ekiti State Government or transacting any business in furtherance of any assignment by the Governor (8th defendant) or his agencies/privies relating to any business of the Ekiti State Government and in particular, as regards dealing with third parties in the said capacity as same is illegal, ultra vires, null and void and of no effect, pending the hearing and determination of the motion on notice,” among others.

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