The Federal High Court in Owerri, Imo State has dismissed a suit filed by the former Bayelsa governorship aspirant in the Peoples Democratic Party (PDP), Mr Timi Alaibe challenging the emergence of the state governor, Duoye Diri as the legitimate winner of the PDP primaries held on September 3, 2019.
Mr Alaibe had dragged Douye Diri and the Independent National Electoral Commission (INEC) to court over what he described as a ‘flawed process’ of the PDP primary.
But the court dismissed the suit for lacking in merit, adding that the PDP followed all the constitutional requirements to conduct the primary and subsequent emergence of Diri as the rightful candidate of the party.
The trial judge, Justice Tijani Rigim also ruled that Mr Alaibe shouldn’t have even approached the court in the first instance since PDP had met all the requirements.
The Federal High Court sitting in Yenagoa, Bayelsa State, has ordered substituted service on the All Progressives Congress (APC), its candidate, David Lyon.
The court also ordered a substitute service on the Independent National Electoral Commission (INEC) in the November 16 governorship election.
The court presided over by Justice Jane Iyang, gave the directive to a former Minister of State for Agriculture and Rural Development, Senator Heineken Lokpobiri, in a case he filed against the party, challenging the primary election that led to the emergence of Lyon.
At the preliminary hearing of the suit, Justice Iyang granted the exparte motion for substituted service and three other reliefs sought by Lokpobiri, who was an aspirant in the party’s September 4 primary election.
Justice Iyang, however, declined to issue an order of abridgement of time, which required the defence to enter appearance, file and serve their respective defence process within seven days following the plaintiff’s prayer that the matter required an accelerated hearing.
She said the plaintiff could not unilaterally abridge the time of response of the defence’s lawyer.
Iyang said following the argument by the plaintiff’s lawyer, Mister Fitzgerald Olorogun that the respondents were running away from being served, the service should be done by pasting the document on the wall.
She ordered that Lyon be served by pasting the service on the campaign secretariat along Isaac Boro Expressway, while INEC’s copy should be pasted on its secretariat along Swali Road.