Hearing resumed on Wednesday 29th June, 2022 at the Federal High court sitting in Ibadan before Justice Uche Agomo, in a case instituted against the National leadership of the All Progressives Congress (A.P.C), the Independent National Electoral Commission (INEC) and Musiliu Olaide Akinremi by a chieftain of the party in Oyo state, Hon. Khalil Mustapha.
The case which is premised against the backlash of the outcome of the purported primary election of the Ibadan North federal constituency of Oyo state is asking the court amongst other things, declare as null and void whatever action must have been purportedly taken by the first respondent relating to the nomination of candidate for the All Progressives Congress in Ibadan North federal constituency in the forthcoming 2023 general election by compelling lol relevant bodies to conduct fresh primary election based on the guidelines of both the first and second respondents on the basis of evidence brought before the court by the appellant.
Earlier at its first sitting on the 12th of June, 2022, lead counsel to the claimant /applicant Sanyaolu S. Akinyele had informed the court that all processes relating to the matter including the writ of summons, hearing notice to wit had been served in both the 1st & 2nd respondents while the 3rd respondent in the person of Musiliu Olaide Akinremi has been evading service by the court Bailiff, thereby urging the court in an exparte application dated 21st of June, 2022, which he filed to grant an order of substituted service on Musiliu Olaide Akinremi (3rd respondent) by publishing same in a widely circulated National newspaper, specifically the Nigerian Tribune, an application which was granted by the court.
At the resumed hearing, Festus Adesiyan, counsel to claimant/Applicant standing in for the Lead counsel Sanyaolu S. Akinyele informed the court that the order of substituted service on the 3rd defendant ( Musiliu Olaide Akinremi) with the inclusion of all other defendants have been served by substituted means as ordered by the court and that an affidavit of service has been filed at the court registry as evidence of proof of service on the defendants in The Nigeria Tribune edition of 22nd June, 2022 alongside the hearing notice issued by the court registry as confirmed by the court Bailiff and served on all parties, only for the 3rd defendant or his legal representative to refuse show up in court as expected.
Ayodeji Akerele and Ebun Ajiboye who announced their appearance for the 2nd respondent (INEC), did not oppose to the request of the claimant/applicant further date to give room for the 1st and 3rd defendants to enter appearance on the matter and file their defence while the court adjourned till the 19th day of July, 2022 for further mention and to take a date for commencement of hearing on the matter as parties are still within time to file their defence.
