Judge Isa Dachen from the Federal High Court, Lokoja, on Thursday ordered that the notification of the hearing be served to two applicants in a way that was replaced in the lawsuit on the withdrawal of the Senator representing Kogi Central, Natasha Akpoti-Uduaghan.
The judge gave an order after giving an ex parte motion appointed by the plaintiff through their advice, Dr. Ehiogie West-Idahosa (San).
Plaintiff-Anebe Jacob-Ogirima, John Adebisi, Musa Siyaka-Adara, Ahmed Usman and Maleek Yahaya-March 20 received an exparte motion that prevented the Independent National Election Commission (Inec) received a withdrawal petition against Akpoti-Uduaghan.
The court, on March 24, emptied the ex parte orders after the application proposed by Inec, which said that a person or institution could stop it from carrying out his constitutional duties.
On the same day, several constituents from the Kogi Middle Senatorial District presented their petitions to withdraw the Sakpoti-Uduaghan from the National Assembly.
Although the petition has been declared incompetent, null and void by Inec, the plaintiff in this case insisted on continuing their case by joining two applicants, Salihu Habib and Charity Omole as defendants in this case.
West-Idahosa, represented by Smart Nwachimere, said the applicants were among those who signed the petition against Akpoti-Uuduaghan.
The advisor told the court that he tried everything he could to serve the two applicants with the original call and hearing notification, but it was unsuccessful.
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He said: “Tuanku, we have an application that is looking for orders to serve Habib and Omole, but failed to serve them personally.
“Court officers from this court can testify about efforts that do not produce results that make the tie serving them personally.
“Therefore, we hope that His Majesty will consider our application and provide prayers.”
Inec advisor, Mr. Abdullahi Aliyu-Ibrahim (San), did not mind the application transferred by the Plaintiff.
He said. “My lord, we don’t mind because it has nothing to do with us.
“Inec has issued a petition that caused this case, and thus, we have no reason why this problem must be continued.
“Remaining for us, they must withdraw this case because the petition submitted before we die.”
Justice Dashen, after listening to their argument, ordered that the two applicants must be served in a replaced manner.
He postponed this case until May 8 for hearing.
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