The Federal High Court in Lagos yesterday declined an application by the Peoples Democratic Party (PDP) and a member, Olakunle Okunola, on substituted service in a suit filed against the lawmaker representing Ikeja Federal Constituency 1, James Faleke.
The plaintiffs applied to the court for leave to serve the lawmaker with the processes either by advertising them in a newspaper or paste them on his office walls.
But Justice Abdulazeez Anka said there was no evidence before him to show that the bailiffs could not serve Faleke personally.
He directed the bailiff to swear to an affidavit of “non-service” before he would consider the application for substituted service.
The applicants urged the court to declare that Faleke’s membership of the House of Representatives terminated because his voting data was transferred from Ikeja in Lagos State to Ekinrin-ade Ward of Ijumu Local Government Area of Kogi State.
Faleke, who hails from Kogi, was running mate to the late Abubakar Audu, who died results could be declared.
The plaintiffs urged the court to declare that the All Progressives Congress (APC) breached Section 37 of the Electoral Act when it nominated Faleke for the March 28, 2015, National Assembly election and nominated him as a running mate in the November 21, 2015, governorship poll in Kogi.
According to the plaintiffs, Faleke cannot remain a member of the House while nominated as a governorship running mate in another state.
Faleke, APC and the Independent National Electoral Commission (INEC) are the respondents.
The plaintiffs prayed for an order of perpetual injunction restraining INEC from reversing or re-transferring Faleke’s voting and membership data from Ekinrin-ade Ward to Ikeja.
They urged the court to stop Faleke from parading himself as a member of the House of Representatives representing Ikeja.
Justice Anka adjourned till next Tuesday.
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