Tribunal on Thursday the 27th April 2023 has granted Governor Bello Matawalle the leave to serve Dauda Lawal the original petition filed against him by way of substituted means.
This is sequel to an experte application made by his counsel Usman. O. Sule (SAN) who informed the tribunal that all efforts made to personally serve Dauda Lawal have failed.
In an experte motion moved on Thursday the 27th of April 2023 Usman O. Sule (SAN) argued that the law has accorded the petitioner the right to approach the tribunal and seek for its leave to serve a respondent in a case before it through some substituted means if all efforts to serve him through his address failed.
“All reasonable efforts had been made by the Bailiff to serve the 1st Respondent, but the same was not successful” sule argued.
Considering the fact that election petition is time-bound Sule urged the tribunal to allow his experte motion so that Dauda Lawal can be served in the interest of natural justice.
Part of the extract of the motion on notice reads “That on the 18/4/2023, I was in our office, when the said Bailiff of the Tribunal was invited by Ibrahim Ali Esq. To inquire about his effort to serve all the Respondents, wherein he stated that only the 1st Respondent could not be served”.
“That the Bailiff was assigned to serve all the Respondents with the originating processes in this petition, he only succeeded in serving the 2nd and 3rd Respondents, despite all reasonable efforts that had been made to effect personal service on the 1st Respondent at his last known place of abode at N0. 9 Anka Road G.R.A. Gusau, Zamfara State”.
That, the Bailiff went to the 1st Respondent’s last place of abode at N0. 9 Anka Road G.R.A. Gusau, Zamfara State and to the 2nd Respondent’s (PDP) office in Gusau at Rainbow Plaza Samaru Road, Gusau. Zamfara State on the 15/4/2023 to serve the 1st Respondent, but he was nowhere to be found, and several attempts have been made to ensure that service on the 1st Respondent is being made but to no avail”.
“That all the efforts to serve the 1st Respondent personally by the Bailiff became physically impossible, hence the need for this application to serve him promptly by substituted means because the proceeding in this petition is time-bound”.
“That I honestly believe that if the originating processes in this petition are pasted at his last place of abode being N0. 9 Anka Road G.R.A. Gusau, Zamfara State or to the 2nd Respondent’s (PDP) office in Gusau at Rainbow Plaza Samaru Road, Gusau Zamfara State, the 1st Respondent would become aware of the existence of this petition against him”.
“That I verily believe that it will serve the supreme interest of justice to serve the 1st Respondent with the processes in this petition by pasting same at his Residence, N0. 9 Anka Road G.R.A. Gusau, Zamfara State or to the 2nd Respondent’s (PDP) office in Gusau at Rainbow Plaza Samaru Road, Gusau Zamfara State Zamfara State”.
“That It will serve the supreme interest of justice to grant this application”.
According to Usman Sule (SAN) said the application is brought pursuant to Order 6 Rule 5 (a)(d) (i)(ii) of the Federal High Court (Civil Procedure) Rules 2019 and Paragraph 8(2) (3) (b) of the rules of procedure for election petitions contained in the first schedule of the Electoral Act, 2022.
Usman O. Sule (SAN) appeared with Ibrahim Ali Esq, Hauwa’u Muhammad Dahiru Esq, Suleiman Haruna Esq and David N. Longji.