By Peter Duru
A Makurdi High Court presided over by Justice Augustine Ityonyiman has dismissed the preliminary objection filed by the Minister of Special Duties and Inter-Governmental Affairs, Senator George Akume, praying the court to strike out the N60billion libel suit filed against him by Governor Samuel Ortom of Benue State, for lack of merit.
Senator Akume had filed a motion No. MHC /1870/2021, praying the court to strike out the suit on the grounds that there was no proper issuance of service on the originating processes in the suit.
He also contended that the order of substituted service was obtained by fraud and urged the court to dismiss the suit for want of jurisdiction.
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In his response to the motion, Counsel to Governor Ortom, Mr. Okon Efut had argued that service was effected on Senator Akume as required by law.
Mr. Efut noted that the application filed by Senator Akume was misconceived as the service was effected within the jurisdiction of the court.
In his ruling Tuesday, while dismissing the application, Justice Ityonyiman pointed out that substituted service could be resorted to where prompt personal service could not be affected.
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