A Federal Excessive Courtroom sitting in Apo, Abuja, has ordered that recent courtroom processes be served on a former Aviation Minister, Femi Fani-Kayode, in respect of the swimsuit filed by his ex-wife, Treasured Chikwendu.
Chikwendu, a former magnificence queen, filed the swimsuit and alleged that Fani-Kayode, her ex-husband, beat her up on a number of events even whereas she was pregnant.
She, due to this fact, 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 solid.
Adedipe had prayed the courtroom to say no jurisdiction on the matter and urged it to both strike out the swimsuit or alternatively put aside the sooner purported service of the processes filed by Chikwendu on his shopper.
In his submission, the defendant‘s counsel stated his shopper by no means acquired service of courtroom course of from the bailiff, including that the signature of his shopper on the certificates the bailiff returned was solid.
The lawyer stated the one purpose the minister was current in courtroom 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 courtroom to dismiss Fani-Kayode’s software in its entirety.
In line 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 courtroom summons.
“That is the textual content message he despatched; I acquired your summons, I assumed we have been making progress and the matter might be resolved amicably within the curiosity of the youngsters. What a pity, we will meet in courtroom.”
On the difficulty of jurisdiction, the counsel argued that it was the courtroom that may determine on whether or not to say no jurisdiction or not.
In a brief ruling, Justice Oriji held that from what the bailiff advised the courtroom, service was not affected personally by the respondent.
The choose 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 shouldn’t be that he has not acquired it, however that it was not served on him personally.
“Within the gentle of the doubt on private service, what’s left for the courtroom to do is to put aside the service.
“The purported service of the processes is hereby put aside,” the choose stated.
He, nonetheless, refused the prayer to say no jurisdiction over the matter.
The choose made an order that recent listening to discover together with the originating movement is served on Fani-Kayode.
He adjourned the matter till April 21 for a listening to.