Osun State Governor, Gboyega Oyetola, has filed an ex parte application for substituted service at the Osun State Election Petition Tribunal following alleged failed attempts by the tribunal to serve the governor-elect, Sen. Ademola Adeleke, court process on the petition he filed against Adeleke’s victory at the July 16 election.
This is according to The Guardian.
Oyetola had, on August 5, asked the panel to nullify the election in 749 polling units where Adeleke won for alleged irregularities. He claimed that Adeleke ought not to have been declared the winner by the Independent National Electoral Commission (INEC), as he was not qualified to participate in the election in the first place, for allegedly submitting a forged certificate to INEC.
The tribunal secretary, David Umar, confirmed that the bailiff could not serve the process on Adeleke.
Umar said the governor-elect was not available to receive the service, adding that counsel to Oyetola had approached the tribunal with an ex parte application for substituted service on Adeleke.
The tribunal secretary revealed that the court would, on Monday, August 22, sit for the hearing of the application.
According to him, if the application sails through, the tribunal would have been empowered to effect service of the court process on Adeleke using other means such as pasting it on the governor-elect’s residence, on the notice board of the panel or any other place as ordered by the court.
Meanwhile, Adeleke has denied dodging service and stated that he was available and prepared to defend his mandate.
Reacting to the report that Adeleke was trying to frustrate the court process, spokesperson to the governor-elect, Olawale Rasheed, stated yesterday: “The governor-elect of Osun, Sen. Ademola Adeleke, is not, by any stretch of the imagination, dodging court service. Why should he do that? He won a free and fair election adjudged as the best in recent Nigerian history. He is a committed democrat, who upholds rule of law and due process. The governor-elect is available and prepared to defend his mandate.
“So, the report is not true. He is not dodging court service. Those peddling the rumour are only working to smear our image. Adeleke is a people’s senator, who has high regards for the judiciary.”
