Bayelsa guber: Court orders substituted service on APC

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By James Akam, Yenagoa

Justice Jane Inyang of the Federal High Court sitting in Yenagoa,, on Tuesday granted four out of the five motions filed by Senator Heineken Lokpobiri against the All Progressive Congress (APC), its flag bearer, Chief David Lyon and the Independent National Electoral Commission (INEC) over the disputed outcome of the September 4th governorship primaries of the APC in the state.

In the resumed preliminary hearing of the suit numbered FHC\YNG\C\100\19 and filed by Lokpobiri, the immediate past Minister of State for Agriculture and Rural Development, Justice Inyang granted the exparte motion for substituted service and three others.

Inyang however declined to issue an order of abridgement of time which required the defence to enter appearance, file and serve their respective defence process to seven days due to the plaintiff prayer that it is a pre-election matter that needed accelerated hearing.

According to the court, the plaintiff can not unilaterally abridge the time of response of the defense counsel.

Justice Inyang however ordered that due to the argument by the plaintiff counsel, Fitzgerald Olorogun that the respondents had allegedly been running away from being served, granted that the APC be served by pasting the service on the party secretariat or serve the legal officer or any other senior official of the party.

She also ordered that the flag bearer of the Party, be served by pasting the service on the campaign secretariat along the Isaac Boro expressway and serve the INEC by pasting the service on the state headquarters along the Swali road.

Speaking at the end of proceedings, Olorogun, described the decisions of the court as a positive development, and declared:  ‘it would have been difficult to serve these people with the service but with the court order, it will no longer be difficult.’

He added:’ “You are all aware that David Lyon has been running away from service. We are now to come back for the report of service on the 14th of October,2019′.”

The defence is yet to make appearances due to the preliminary status of the case.

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