ATHAN ACHONU VS LABOUR PARTY WRITTEN ADDRESS IN SUPPORT OF APPLICATION AT SUPREME COURT OF NIGERIA

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BETWEEN
SENATOR ATHAN ACHONU
AND
1. SIR BASIL MADUKA
2. LABOUR PARTY
3.
1.0.
IN THE SUPREME COURT OF NIGERIA
1.1.
4. CHIEF UKAEGBU IKECHUKWU JOSEPH
2.0.
HOLDEN AT ABUJA
INDEPENDENT NATIONAL ELECTORAL
COMMISSION
INTRODUCTION
SC NO.: Sc/Cv/845/2023
APPEAL NO. CAJABJ/201/2012
SUIT NO: FHC/OWjCs/28/2023
APPELLANTJAPPLICANT
WRITTEN ADDRESS IN SUPPORT OF APPLICATION
ISSUE FOR DETERMINATION
RESPONDENTS
The Appellant/Applicant filed a Motion Exparte praying for the Orders of Court as contained on the face of the motion paper. In support of the motion is a six (6) paragraph affidavit deposed to by Boo Phillip, one of the Counsel representing the Applicant, in the Appeal.
1.2. We rely on all the paragraphs of the affidavit to urge your Lordships to grant to the application in the overall interest of justice. This application is brought pursuant to Order2 Rule (3)(2) of the Rules of this Honourable Court, 1999 as amended In our humble view, the sole issue arising for determination before
your Lordships in this Application is:
Whether the Appellant/Applicant has shown enough grounds for the court to grant an order to serve the 2 and 4" Respondents by way of substituted means?
3.0. ARGUMENT ON THE SOLE ISSUE
3.1.
It is trite that for a court to have jurisdiction to adjudicate on a matter,
notice of it must be given to the other party. It is also a settled law that originating processes must be served personally where possible.
However, by virtue of Order 2 Rule 3(2) of the Rules of this Honourable Court, the Rule and the law have envisaged
circumstances where personal service of the processes 'cannot be conveniently effected', thereby giving rise to substituted service upon an order made by the court to that effect. Particularly, Order 2 Rule
3(2):
"(2). If it appears to the court that for any reason personal service cannot be conveniently effected the court shall have the same power as that of an High Court to direct that service be effected in some other way"
3.2. My lord, it is our humble submission that an instance where it will be
difficult if not impossible to 'conveniently' effect service on an adverse party is one of those special circumstances to warrant the grant an
order of substituted service.
3-3. My lord, we have shown from the affidavit in support of this application particularly in paragraphs 3 and 4. that it would be difficult to effect personal service on the and 4 Respondents, who claimed to be busy campaigning all over the State fromn one Local Government
Areas of the State to another; and in view of the fact that they are members of the 2 Respondent, any process meant for them, which is served on the 2" Respondent, will be brought to their attention and knowledge immediately.
3-4. My Lords, we humbly concede that the grant of this application comes
within the discretionary power of your Lordships. However, we urge your lordship to exercise this discretion judicially and judiciously by granting our application.
4.0. CONCLUSION
4.1
Flowing from the depositions in the affidavit in support of this motion
as well as the above argument, we most humbly pray the Court, to
grant the prayers of the Applicant.
We so urge your Lordships.
Dated this 17" day of August, 2023
*** *** **
WALE BALOGUN
KEHINDE TIMILEYIN
EMEKA ONYEAKA
CALISTUS IHEJIAGWA
APPLICANTS' SOLICITORS
NO. 7B, SUEZ CRESCENT
IBRAHIM ABACHA ESTATE
WUSE ZONE 4, ABUJA
Tel: o8033327676






 

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