An FCT High Court in Apo, on Tuesday granted leave for
substituted service on the acting Chairman of the Economic And
Financial Crime Commission (EFCC), Ibrahim Magu.
Justice Silvanus Oriji , gave the order substituted service,
after listening to the submissions of Chief Mike Ozekhome ,SAN,
counsel to an Abuja-based lawyer, Monday Ubani and a former
Senator, Christopher Enai.
Oriji had on March 26, granted leave to an exparte motion filed
by Ozekhome to charge Ubani and Enai to court or release them on
bail on or before March, 28.
The judge held that the court had the power to make an order for
substituted service of the process where it appears that prompt
service cannot be conveniently effected.
”In exercise of the power of the court under Order 7 rule 11, I
grant this motion,” he said.
He said since the bailiff, Ishaya Markus, was denied access to
Magu by the armed security personnel at his office at the EFCC
Headquarters.
Ozekhome said that the operatives told the bailiff that he can
only see Magu on invitation.
Ozekhome, in the motion exparte prayed the court to order form
48 and 49 be served on any officer at the mail registry of the
Chairman of the EFCC and legal Department at Headquarters in
Jabi.
He also prayed an order of the court by posting same at the gate
of the head office of EFCC.
Ubani, a former President of the Nigerian Bar Association (NBA)
Ikeja branch and Enai, ex-senator representing Bayelsa were invited
and detained by the EFCC operatives on March,19.
The applicants were detained for standing as sureties for Ngozi
Olejeme, who once served as the Chairman of the Nigeria Social
Insurance Trust Fund from 2009 to 2015.
They are still yet to be charged to court by the EFCC.
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