Utuk vs. Udofia: Defendant's evasive tactic infuriates judge

*Court orders substituted service

The Federal High Court of Nigeria, Uyo, Akwa Ibom State, has so far been unable to serve its Writs of Summons to Mr Akanimo Udofia, in a suit filed by Mr Augustine Dominic Utuk, challenging the conduct of the APC Governorship primary in the state as well as Udofia's declaration as winner of the controversial exercise.

The presiding judge, Justice A. A. Okeke on Thursday disclosed that court has tried its very best to serve Udofia, who is the third defendant in the suit.

According to the judge, as a time-bound case, all parties were expected to cooperate with the court in its bid to exact justice in the matter, and decried that the reverse has rather been the case.

To this end, Justice Okeke ordered that Udofia be served through substituted means, after Utuk's legal representatives applied for same.

Substituted Service implies the service of a writ, process, or summons to a defendant through alternative means like mail or publication or by dropping it off at a defendant's place of business or residence or with a professional delivery agent.

The court adjourned the matter to 27th September, 2022. 
The judge however announced that accelerated hearing would be given to the matter, hinting that the long adjourned date is to enable the court endeavour to serve Udofia without further excuse.

The case has FHC/UY/CS/115/2022 as suit number.

Mr Augustine Utuk is seeking for the nullification of the primary which produced Mr Akan Udofia as winner, citing alleged flouting of the Electoral Act 2022 and eligibility of the purported winner.

Utuk is also seeking the court to order for a re-conduct of the Primaries in line with party guidelines and the law.

The plaintiff were represented in court by Golden Tamuno, A. E. Attih, Emeka Ojunta, D. A. Olukaraka and D. M. Osene.

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