The Federal
High Court, Abuja, on Tuesday granted the request seeking to serve court
processes on Nnamdi Kanu and the Indigenous People of Biafra (IPOB) through
substituted service. The court, however, ordered that other respondents in the
matter, namely: the Inspector-General of Police, the Commandant General,
Nigeria Security and Civil Defence Corps and the Attorney-General of the
Federation be served personally.
Justice B.O.
Quadri gave the order following an ex-parte application by Mr Richard Ndubuaku
for an order of court for substituted service of all the processes of the court
on the defendants by publishing them in two national newspapers.
Ndubuaku,
who made the application through his counsel, Mr Smart Iheazor, also asked the
court to make an order restraining the respondents, whether by themselves,
members or agents from disrupting the forthcoming Anambra election.
He also
asked the court to make an order restraining Kanu and all members of IPOB from
interfering, intimidating and harassing all registered and eligible voters in
the Nov. 18 Anambra election.
He further
asked the court to prevent Kanu and IPOB from mobilising its members either by
threat or undue influence to scuttle the election, pending the determination of
the originating summons.
Iheazor told
the court that his client premised his application on the grounds that Kanu and
IPOB had severally made utterances and threats which were published in
newspapers which they had not denied or retracted.
“From the
antecedents of Kanu and the activities of IPOB, they are capable of carrying
out their threat.
“Serving the
processes of this suit on the them by publishing in two national newspapers will
bring same to their knowledge as it will be dangerous and difficult to effect
personal service on them.
“The
applicant has several businesses and business interests and houses in Onitsha
and Awka with over 100 staff that will be affected if the threats of Kanu and
IPOB are carried out.
” Iheazor
further explained that the applicant was almost 70 years old and may lose all
his life investments in Awka and Onitsha and may not withstand the destruction
of his life long struggle.
The judge,
however, only granted the order of substituted service on Kanu and IPOB, and
refused all the other reliefs sought by the applicant and asked that all
parties in the suit be put on notice.
In refusing
to grant the other reliefs sought by Ndubuaku , the judge said that the Federal
Government had the capacity to ensure that elections held in Anambra.
He adjourned
the matter until Oct. 10 for hearing.
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