Ismaeel Uthman
The National Secretariat of the All Progressives Congress (APC) and the Chairman, Caretaker Extraordinary National Convention Planning Committee of the APC, Governor Mai Mala Buni have reportedly evaded notice of court process on a case instituted by 2,517 members of the party in the State of Osun on the Ward Congress held on July 31, 2021.
Also, the Chairman of the Ward Congress Committee, Hon. Gbenga Elegbeleye and the Chairman of Ward Congress Appeal Committee in the state, Amb. Obed Wadzani, were also evading the service of the court process on them as reported when the case came up at a Federal High Court in Osogbo, on Monday.
Following the report of the service evasion by the defendants, lead counsel of the plaintiffs, Mahmud Adesina, applied that the respondents be served through substituted means.
The presiding judge, Justice Emmanuel Ayoola, granted the application and ordered that the notice of court process be pasted at the National Secretariat of the party for the respondents.
Justice Ayoola thereafter adjourned the case till November 29, 2021 for proper hearing.
Explaining the substituted means process, Barr. Kolapo Alimi, told OSUN DEFENDER that “When a respondent is evading service, you cannot force such person to accept it under the law. The bailiff of the court has to write report on the evasion of service.
“The lawyer of the plaintiff will after that file an application for substituted service. That was what we did today and the court granted our application. We will go and paste the court notice at the National Secretariat.
“Under the principle of fair hearing, the respondents are entitled to 30 days to reply. It was based on that consideration that the court adjourned the case till November 29, 2021.”
It would be recalled that a total of 2,517 members of the Osun APC in 26 Local Governments of the state had two weeks ago approached a Federal High Court, sitting in Osogbo, to challenge the Ward Congress of the party held on July 31, 2021 in the state.
The APC members are demanding for the cancellation of the Ward Congress conducted by the party through Hon Gbenga Elegbeleye led committee.
According to the plaintiffs, they were wrongly excluded or prevented from participating by voting or being voted for in the congress by the party.
They argued that the supposed congress held by the defendants was totally in conflict with the guidelines of the exercise and the spirit of justice and fairness expected of the conduct of such programme.
The plaintiffs are seeking a declaration that all of them and all other aspirants/candidates who individually paid the prescribed fees by the party for the procurement of nomination forms for the ward congress are the only eligible aspirants and emerged unopposed.
