The presiding judge of the Federal High Court sitting in Yenagoa, Justice Jane Iyang Tuesday granted four out of the five motions filed by Senator Heineken Lokpobiri against the All Progressives Congress (APC), its flag bearer, Chief David Lyon and the Independent National Electoral Commission (INEC) over the disputed outcome of the September 4 governorship primaries in the state.
In the resumed preliminary hearing of the suit numbered FHC\YNG\C\100\19 and filed by the immediate past Minister of State for Agriculture and Rural Development, Senator Heineken Lokpobiri, Justice Iyang granted the exparte motion for substituted service and three others.
But Iyang declined to issue an order of abridgment of time which required the defense to enter appearance, file and serve their respective defense process to seven days due to the plaintiff’s prayer that it is a pre-election matter that needed an accelerated hearing.
He said the plaintiff cannot unilaterally abridge the time of response of the defense counsel.
Justice Jane Iyang ordered that due to the argument by the plaintiff counsel, Fitzgerald Olorogun that the respondents have been running away from being served, granted that the APC should be served by pasting the service on the party secretariat or serve the legal officer or any other senior official of the party.
She ordered that the flagbearer of the party, Chief David Lyon should be served by pasting the service on the campaign secretariat along the Isaac Boro expressway and serve the INEC by pasting the service on the state secretariat along the Swali road.
Speaking at the end of proceedings, Fitzgerald Olorogun describes the decisions of the court as a positive development saying , it would have been difficult to serve these people with the service. With the court order, it will no longer be difficult.
‘You are all aware that David Lyon has been running away from service. We are now to come back for the report of service on the 14th of October, 2019,’ he said.
