The Court of Appeal in Abuja has dismissed an appeal filed by Ondo State Governor, Oluwarotimi Akeredolu.
Akeredolu had, by the appeal, challenged an order by a Federal High Court in Abuja, granting permission to Olusegun Abraham to serve Akeredolu through substituted means, court documents in relation to the suit he (Abraham) filed.
Abraham’s suit is challenging the outcome of the primary of the All Progressives Congress (APC), which produced Akeredolu as the party’s candidate for the last governorship election in Ondo State.
The Court of Appeal, in a unanimous judgment yesterday, upheld the ruling of the Federal High Court, grabting leave to Abraham to serve Akeredolu thorugh substituted means.
Justive Abdu Aboki, in the lead judgment, said the lower court was right in ordering substituted service on Akeredolu through the headquarter of the APC.
He also considered as proper service the decision of the court to allow Abraham serve the Independent National Electoral Commission (INEC) through its headquarters in Abuja.
Akeredolu’s appeal was against the ruling by the Federal High Court delivered on December 16, 2016 granting leave to Abraham to effect service through substituted means on the defendants.
Reacting to the judgment yesterday, Abraham’s lawyer, Johnson Usman expressed delight over the court’s decision.
He said the verdict of the court will afford his client the opportunity to expose the irregularities in the APC primary election.
Usman said the coast is now clear for his client to prove, through his case, that the September 3, 2016 primary election of the APC that produced Akeredolu as the party’s candidate was marred with irregularities.
Lawyer to Akeredolu, Oluseyi Adetanmi said he will consult with his client before deciding on what further steps to take.
Proceedings in the substantive case before the Federal High Court, Abuja has been adjourned indefinitely to await the outcome of Akeredolu’s appeal.
Abraham, who was the first runner up in the primary election, is praying the court for among others, an order nullifying Akeredolu’s election