TheCable

A federal high court in Abuja has granted an order permitting Segun Sowunmi, a former governorship aspirant of the Peoples Democratic Party (PDP) in Ogun, to serve Illiya Damagum, the national chair of the party, court processes through substituted means.

Mobolaji Olajuwon, the presiding judge, granted the order on Thursday while ruling on an ex parte application filed by Anderson Asemota, Sowunmi’s counsel, to allow him serve the 2nd to 7th defendants in the suit processes via substituted means.

Others to be served through substituted means are Samuel Anyanwu, PDP national secretary; Umar Bature, national organising secretary; Okechukwu Daniel, national auditor; Ahmed Yayari, national treasurer; and Muhammed Kadade, national youth leader.

At the resumed hearing of the matter, Asemota told the court that the application for substituted service became necessary when all efforts to serve the 2nd to 7th defendants personally were futile.

Asemota told the court that so far, he had been able to effect service on the PDP and the Independent National Electoral Commission (INEC), who are the 1st and 8th defendants.

Olajuwon granted the plaintiff’s request for an order of substituted service of court processes on the 2nd to 7th defendants and adjourned the matter until March 4 for hearing.

BACKGROUND

Sowunmi had approached the court seeking an order directing the party leadership to hold a national executive committee (NEC) meeting for the purpose of presenting the activities of the party from the date of the last NEC meeting.

In the suit marked FHC/ABJ/CS/70/2024, the plaintiff is also asking the court for an order, directing the 1st to 7th defendants to call a NEC meeting of the party for the purpose of presenting the proposed guidelines and regulations governing the conduct of elections to the party officers at all levels.

He is further seeking an order of perpetual injunction restraining the 2nd to 8th defendants from discharging the functions of their offices until they call for and hold a meeting of the PDP’s NEC in total fidelity and obeisance of the party’s constitution.

The plaintiff wants the court to declare that by virtue of the provisions of Article 31(2)(d), 4 and 5 of the PDP constitution (as amended in 2017), he, as spokesman of the party during the last election, is obligated and/or entitled to file the suit to give effect to the aims and objectives of the PDP and to ensure that the provisions of article 7 of the PDP constitution are observed and respected by members and national officers.

He also sought a declaration that under and by virtue of the provisions of article 31 (2)(4) and (5) of the PDP constitution and section 82(1) of the electoral act, 2022, the 1st to 7th defendants are obligated to hold quarterly or at the request of one-third of members of NEC of the PDP, the meeting of the NEC.

He said the meeting is where the 1st to 7th defendants shall present quarterly financial reports or income and expenditure of the party to the members of the NEC.