The legal team of the Osun All Progressives Congress, APC, and Governor Adegboyega Oyetola have described the claim by the Osun People’s Democratic Party, PDP that it was evading service as baseless and unfounded.
According to the team, it was in a hurry to see the trial commences, and as such could not have deployed any delay tactics, adding that “we can’t wait to reclaim the mandate of our clients”.
This was contained in a statement signed by Mrs. Idayat Adeboye, the Litigation Secretary, Adeoye Galadima & Associates and made available to WITHIN NIGERIA on Saturday morning.
The legal said “It is on record that the law firm supplied for Address for Service was firmly on ground at the Tribunal for hours on 23rd of August, 2022 to the very knowledge of the legal team of the Respondents when the Replies purportedly arrived the Tribunal.
Nevertheless, the Replies were not served on the petitioners throughout the day.
“Having been intolerant of any forms of delays, the petitioners’ legal team throughout the 23rd, 24th and 25th days further expected service of the processes but to no avail. It was shortly after the law firm closed on Thursday 25th that a call came on phone around 6pm claiming to be at the office for service of a court process. The person was thereafter directed to come back on Friday 26th which was the following day. On 26th, the processes were expected for a considerable period of time but never arrived before the office was closed for Jumat Services. A phone call later put to the law firm was replied with fact of having waited in vain for arrival of the processes before closing for Jumat Service and that the Bailiff should border no more as the law firm promised to come and pick up the processes at the Tribunal.”
The legal team further said : “It was a rude shock to the law firm when the PDP suddenly stormed an otherwise peaceful atmosphere with the baseless allegations of service evasion apparently designed to malign and traduce the petitioners’ modest adoption of a very informed, polite, well-mannered and civilized approach to recovery of mandate given to them on 16th July, 2022 by the good people of Osun State.”
The statement reads in full:
Our attention has just been drawn to a particular press release by the Osun State chapter of the Peoples Democratic Party (PDP) on 26th August, 2022 to the effect that Replies of the 1st and 3rd Respondents (INEC & PDP respectively) in reaction to the petition filed by His Excellency, Governor Isiaka Gboyega Oyetola and the All Progressives Congress (APC) could not be served on the petitioners who were claimed to be evading service is nothing but slanted fact.
It is on record that the law firm supplied for Address for Service was firmly on ground at the Tribunal for hours on 23rd of August, 2022 to the very knowledge of the legal team of the Respondents when the Replies purportedly arrived the Tribunal.
Nevertheless, the Replies were not served on the petitioners throughout the day.
Having been intolerant of any forms of delays, the petitioners’ legal team throughout the 23rd, 24th and 25th days further expected service of the processes but to no avail. It was shortly after the law firm closed on Thursday 25th that a call came on phone around 6pm claiming to be at the office for service of a court process. The person was thereafter directed to come back on Friday 26th which was the following day. On 26th, the processes were expected for a considerable period of time but never arrived before the office was closed for Jumat Services. A phone call later put to the law firm was replied with fact of having waited in vain for arrival of the processes before closing for Jumat Service and that the Bailiff should border no more as the law firm promised to come and pick up the processes at the Tribunal.
All these positive steps were taken to ensure expeditious determination of the petition and against the background of the fact that the NBA conference was still ongoing in Lagos State.
It was a rude shock to the law firm when the PDP suddenly stormed an otherwise peaceful atmosphere with the baseless allegations of service evasion apparently designed to malign and traduce the petitioners’ modest adoption of a very informed, polite, well-mannered and civilized approach to recovery of mandate given to them on 16th July, 2022 by the good people of Osun State.
It really leaves one panting that such a legal issue, if at all there is one, could still be taken to the media by the PDP after having claimed to have joined issue with the petitioners by submitting her defence to the Tribunal. The mutual understanding around other issues incidental to the suit is believed ought to be taken to the Tribunal.
The press release is therefore taken as a decoy to curry scarce sympathy of the people and soil the reputation of the law firm and not forming part of the legal process meant to be received by the law firm. It is considered superfluous, most unfortunate and obviously suggestive of the Respondents’ pulse to the petition.
Advice is therefore further rendered that the media war be left for the politicians and energy be concentrated on addressing legal questions carefully placed before the Jurists by the Petitioners for solemn declarations.
The law firm further gives assurance that the Replies are certainly going to be received directly from the Tribunal by 7am today 27th August, 2022 as the Petitioners cannot wait to see the final determination of the suit.
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