The Federal High Court in Abuja, on Tuesday, adjourned till November 22 to hear a suit challenging the appointment of Ola Olukoyede as the Chairman of the Economic and Financial Crimes Commission.
An Abuja-based lawyer, Victor Opatola, who filed the suit, is contending that Olukoyede did not meet the legal provisions to occupy the office.
Following a request by President Bola Tinubu, the Senate on October 18 screened and confirmed Olukoyede as EFCC chairman.
But Opatola, in his suit before Justice Obiora Egwutu, is seeking “a declaration that, pursuant to Section 2(1)(a) (ii)(iii) of the EFCC Act, the appointment of Olukoyede to the office of the EFCC chairman is illegal and void.”
Listed as defendants in the suit are the Federal Government; the National Assembly; the Attorney-General of the Federation; and Olukoyede himself.
When the matter was called on Tuesday, Opatola, who represented himself, told the court that he had an ex parte application for substituted service on the EFCC chairman.
“My Lord, it is an ex parte motion, praying the court for an order to serve the processes on the 4th defendant, through substituted means.
“I also have an alternative prayer for an order, granting leave to the plaintiff, to serve the originating motion and other processes on the EFCC, by pasting same on their office,” he said.
Justice Egwuatu, however, said since there was no record that the bailiff of the court had attempted service and failed, the plaintiff should engage the services of the bailiff.
The judge said it was only after the bailiff had attempted to serve the processes on the defendant unsuccessfully, that he would be minded to entertain an ex parte application for substituted service.
He subsequently adjourned the matter till November 22.