The judge held that the court had the power to make an order for substituted service
of the process where it appears that prompt service cannot be conveniently effected.
So, we brought an application here yesterday for substituted service
. The application was to have been heard 9.00 am today (Thursday), but we were surprised when we heard that the panel had been disbanded.
Etiaba said the exparte motion basically sought an order of interim injunction (in reliefs 1, 2, and 3), restraining the defendants from taking any untoward action or move to forcefully remove or impeach the Senate President from office and reliefs 4 and 5 prayed the court for an order of substituted service of court processes on the defendants.
The court granted reliefs 4 and 5, and directed substituted service of court processes, the originating summons and motion for injunction on the 1st to 8th defendants through the clerk of the National Assembly and also ordered substituted service on the 10th to 12th defendants by courier service.
According to him, the only recognised substituted service by the relevant law was by affixing the summons or other processes at the conspicuous place or premises of the person to be served.
He said his clients were not properly served before the court gave the last ruling, and argued that the mode of substituted service through an advertisement in a newspaper was unknown to the Ekiti State Administration of Criminal Justice Law 2014 governing criminal matters in the state.
Following Izinyon's submissions, Justice Nnamdi Dimgba granted the order for substituted service
through newspaper publication as prayed by the applicant.
Banire said the order for substituted service on the sixth defendant was obtained fraudulently as the address stated on the order was wrong.
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.
Also, the State House of Assembly and the Osun State Independent Electoral Commission (OSIEC) have filed applications to set aside the order of substituted service
granted by the court and all the proceedings of the court.
Taking into account the "substituted services
" of the uncle and aunt, the three children had suffered no loss.