A Makurdi High Court has dismissed the preliminary objection filed by the Minister of Special Duties and Inter-Governmental Affairs, George Akume, praying the court to strike out the N60 billion libel suit instituted against him by Benue State Governor, Samuel Ortom, for lack of merit.
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Akume had filed motion No. MHC /1870/2021, praying the court to strike out the suit on the grounds that there was no proper issuance of service on the originating processes in the suit.
He also added that the order of substituted service was obtained by fraud and urged the court to dismiss the suit for want of jurisdiction.
In his response to the motion, Counsel to Governor Ortom, Okon Efut, SAN, had argued that service was effected on Senator Akume as required by law.
He held that the application filed by Akume is misconceived as service was effected within the jurisdiction of the court.
Delivering his ruling on Tuesday, the presiding judge, Justice Augustine Ityonyiman pointed out that substituted service can be resorted to where prompt personal service cannot be effected.
He stated that in the instant case, it was difficult to serve Akume by way of personal service.
On the issues raised against the issuance of service of the writ of summons, the judge held that the essence of service is to convey to the relevant party of the pending case for which he is involved.
He added that, “it is evident on the records that Akume has entered conditional appearance and filed preliminary objection coupled with legal representation.
“What this translates to is that, the originating processes in suit No. MHC/268/2021(the instant suit) were brought to the notice of the defendant.”
Justice Ityonyiman ruled that the issuance and service of the writ was not in anyway marooned in incompetence, it is therefore valid and proper.
He dismissed the application for lacking in merit and accordingly adjourned the suit to January 28, 2022.