The Cross River State Governorship Tribunal sitting in Calabar on Wednesday granted two All Progressives Congress (APC) chieftains Senator John Owan-Enoh and Pastor Usani Usani separate orders for substituted service on Governor Ben Ayade.
Ayade was re-elected for a second term on March 9 on the platform of the People’s Democratic Party (PDP).
It would be recalled that Owan-Enoh who is a serving senator and Usani, minister of Niger Delta Affair have been parading themselves as the governorship candidate of the APC in the state.
The duo had filed separate petitions challenging the declaration of Ayade as the governor-elect in the February 23 governorship election.
Owan-Enoh in a suit marked EPT/CAL/GOV/01/2019 charged Ayade and the Independent National Electoral Commission (INEC) to the tribunal first and second respondents respectively.
For his part, Usani in suit number EPT/CAL/02/2019 challenged INEC, Ayade and the PDP as first second and third respondents respectively
At Wednesday’s hearing, counsel for Owan-Enoh, Mr. M. O. Inyang who stood in for Mr. Awa Kalu, in a motion ex parte application for hearing, sought an order seeking substituted service on Ayade.
In a motion ex parte dated April 8, 2019 and filed on April 9, Inyang listed four grounds for the application, but the paramount was the fact that the bailiff of the court had made efforts to service Ayade personally to no avail.
The application was supported by a three-paragraph affidavit, an exhibit, which was the affidavit of non-service, as well as a written address in support of the application.
Chairman of the three-man governorship panel, Justice Josiah Majebi, said the application had merit and granted that Ayade can be served by pasting the notice of service on the wall of the PDP state secretariat along the Murtala Mohammed Highway.
In the second matter filed by Usani, his lawyer, Henrie Ituen, also in a motion ex parte dated and filed on April 9, 2019 sought an order to serve the second respondent, Ayade, through substituted means by pasting it at the governor’s office in Diamond Hill.
Attached to it also was an eight-paragraph affidavit, exhibit (affidavit of non service and a written application.
With The Nation report
