Ekiti 2018 poll: Eleka serves Fayemi notice of appeal through substituted means

WOLE BALOGUN, Ado Ekiti

The candidate of the People’s Democratic Party (PDP) in the July 14, 2018 governorship election, Professor Kolapo Olusola, on Tuesday served Governor Kayode Fayemi the notice of appeal, records of appeal and the appellate brief of argument through substituted means at the state secretariat of the All Progressives Congress (APC) in Ajilosun area of Ado Ekiti, state capital.

The service followed the interim order of service granted the appellant by the Supreme Court on Monday, May 6, a copy of which was made available to newsmen in Ado Ekiti.

The order granted by Justice Olabode Rhodes-Vivour, was that the processes could be served on any APC state officials or pasted on the wall of the APC secretariat situated at 156, Ajilosun Street, Ado Ekiti.

 The Independent National Electoral Commission (INEC) had declared the candidate of the APC, Fayemi as the winner of the governorship election but PDP and Eleka are challenging the declaration.

The election petition tribunal in its judgment on the 28, January 2019 ruled in favour of the APC candidate, Dr Fayemi, by dismissing the petition of PDP candidate as lacking in merit.

Dissatisfied with the ruling of the tribunal, the PDP candidate filled an appeal at the Court of Appeal and the appellate court on 28 March 2019 delivered judgment against the appellants: PDP and its candidate therein affirming the decision of the trial court.

According to the Legal Adviser to the PDP, Mr Sunday Olowofela, who spoke to newsmen after the substituted service was served on APC and its candidate “upon filling of Notice of Appeal, compilation of records and brief of arguments, other respondents without much ado have received copies of the enumerated process while the 3rd respondent, allegedly traverse the country in a ploy to evade service after his counsel declined receiving the processes claiming that he was not briefed to so receive the court process.

 “With this development, the appellants filled for substituted service and same was granted on Monday May 6, 2019,” he said.