Home / E GIST / Alleged abuse: Court orders fresh service of court processes on Fani-Kayode

Alleged abuse: Court orders fresh service of court processes on Fani-Kayode

A Federal Excessive Courtroom sitting in Apo, Abuja, has ordered that contemporary court docket processes be served on a former Aviation Minister, Femi Fani-Kayode, in respect of the go well with filed by his ex-wife, Valuable Chikwendu.

Chikwendu, a former magnificence queen, filed the go well with and alleged that Fani-Kayode, her ex-husband, beat her up on a number of events even whereas she was pregnant.

She, subsequently, demanded full custody of their 4 sons.

She made the allegations in an affidavit she deposed to in assist of an originating movement introduced, pursuant to Part 69 of the Little one’s Rights Act, 2003.

On the resumed listening to of the case on Friday, Justice S.C Oriji made the order after he put aside an earlier service on Fani-Kayode, which his counsel, Mr Adeola Adedipe, claimed was invalid as a result of his shopper’s signature was cast.

Adedipe had prayed the court docket to say no jurisdiction on the matter and urged it to both strike out the go well with or alternatively put aside the sooner purported service of the processes filed by Chikwendu on his shopper.

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In his submission, the defendant‘s counsel mentioned his shopper by no means obtained service of court docket course of from the bailiff, including that the signature of his shopper on the certificates the bailiff returned was cast.

The lawyer mentioned the one cause the minister was current in court docket was out of protest and never as a result of he was duly served.

He added that the difficulty of the purported service was at present being investigated by the police.

Responding, counsel to Chikwendu, Mrs Enohor Moi-Wuyep, prayed the court docket to dismiss Fani-Kayode’s software in its entirety.

In keeping with Moi-Wuyep, the respondent was duly served, and there was a textual content message by the respondent to the applicant acknowledging receipt of the court docket summons.

“That is the textual content message he despatched; I obtained your summons, I believed we had been making progress and the matter might be resolved amicably within the curiosity of the youngsters. What a pity, we will meet in court docket.”

On the difficulty of jurisdiction, the counsel argued that it was the court docket that may resolve on whether or not to say no jurisdiction or not.

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In a brief ruling, Justice Oriji held that from what the bailiff informed the court docket, service was not affected personally by the respondent.

The decide held that the bailiff ought to have insisted on serving the respondent personally, saying the truth that the bailiff didn’t see him personally “raises the query of invalid service.

“The difficulty will not be that he has not obtained it, however that it was not served on him personally.

“Within the gentle of the doubt on private service, what’s left for the court docket to do is to put aside the service.

“The purported service of the processes is hereby put aside,” the decide mentioned.

He, nonetheless, refused the prayer to say no jurisdiction over the matter.

The decide made an order that contemporary listening to discover together with the originating movement is served on Fani-Kayode.

He adjourned the matter till April 21 for a listening to.

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