Following the refusal of the national legal adviser of the Peoples Democratic Party (PDP) and members of the national working committee to accept service of the originating processes, the Federal High Court, presided over by Justice Binta Nyako, has granted the plaintiff’s application for substituted service.
The court also ordered that the defendants who refused personal service be served by delivery through courier service.
The PDP national legal adviser had last week rejected the service, just as other PDP principal officers did the same for no reasonable reasons.
The other defendants, PDP and INEC had been duly served.
Recall that a former special adviser on legal matters to former Attorney General to the Federation, AGF, Bello Adoke and a former Principal Secretary to the former National Chairman of the PDP, Uche Secondus, Chukwuma Chinye, through his counsel, P. T. Akon had approached the court to flush out the Iyorchia Ayu led leadership of the party for improper constitution among others.
Among his prayers include: ” A declaration that in the absence and deliberate exclusion of Prince Uche
Secondus, the then national chairman from presiding over the conduct of af
presiding the holding of the national convention and on the 30th and 31st day of October, 2021, when the national convention was held, the said national
convention, the outcome and all matters, resolutions, decisions and steps
including the election/adoption of the 2nd and 20th defendants as national chairman and members of the National Working Committee (NWC) of the 1st defendant is null and void and of no effect whatsoever by reason of it being improperly constituted.
“An order setting aside the proceedings of the national convention of defendant that held on the 30th and 31st day of October, 2021 including resolutions, steps taken, including the election/adoption of the 2nd defendants as national chairman and members of the National Working Committee as same was not properly constituted and consequently null and of no effect.
“A declaration that, the national convention that took place on the 30th
day of October, 2021 is invalid, null and void for reasons of non-compliance to
Article 6(7) of the constitution of the 1st defendant which stipulates that the offices shall be reserved for the women.
” An order of perpetual Injunction restraining the 2nd – 20th defendant
further performing the functions of the national chairman and members of the
National Working Committee (NWC) of the 1st defendant and from parading themselves as national chairman and members of the national committee of the 1st defendant or doing or causing to be done any act that
capacities and from exercising any of the powers or performing functions or enjoying any of the privileges of these offices.
“An order directing the 1st defendant to conduct an emergency convention in accordance with the provisions of its constitution national chairman and members of the National Working committee 90 days from the date of the judgment of this honorable court.
The matter has been adjourned to 14th of October, 2022.