Fayemi wants court to set aside substituted service of summons

The All Progressives Congress (APC) governorship candidate in July 14 election, Dr. Kayode Fayemi, on Monday asked Justice Cornelius Akintayo of an Ekiti State High Court to set aside its order for substituted service of summons on the case of criminal indictment filed against him by the state government. It would be recalled that court […]

The All Progressives Congress (APC) governorship candidate in July 14 election, Dr. Kayode Fayemi, on Monday asked Justice Cornelius Akintayo of an Ekiti State High Court to set aside its order for substituted service of summons on the case of criminal indictment filed against him by the state government.

It would be recalled that court had on May 28th ordered for substituted service following inability of the state government to effect service on Fayemi and a former Commissioner of Finance under him, Mr. Dapo Kolawole.

The state government had issued a White Paper which indicted Fayemi and Kolawole of alleged fraud while in office between 2010 and 2014 which also barred the duo from holding public office for ten years.

Mr. Ola Olanipekun (SAN) appeared for the government while Chief Rafiu Balogun represented Fayemi and Kolawole.

Balogun said he was appearing “in protest” for the duo on grounds that his clients were not properly served before the court gave the last ruling adding that the mode of substituted service through advertisement in the newspaper was unknown to the Ekiti State’s Administration of Criminal Justice Law 2014 governing criminal matters in the state.

He said the only recognized substituted service by the relevant law is by affixing the summons or other processes at conspicuous place or premises of the person to be served.

He quoted the case of Garba Vs State as reported in 2014 AFWLR pt 756 pg 423 at 444-445, while arguing that the Court of Appeal had ruled that the only two means of service in criminal matters are personal service or service by pasting.

But Olanipekun opposed Balogun’s argument saying he had filed a four paragraph counter-affidavit dated and filed on 27th June supported by three exhibits.

While urging the court to dismiss the defendants’ application, Olanipekun, who adopted a written address, said he relied on the affidavit and exhibits.

Justice Akintayo adjourned the case till July 11 for ruling on the applications filed by both parties.