The Court of Appeal, Makurdi Division, on Friday granted a motion exparte brought by Daniel Onjeh of the All Progressives Congress to serve Senator David Mark of the Peoples Democratic Party through substituted service.
In his ruling, Justice Oyebisi Omoleye ordered that Mark should be served by leaving the process in his office at the National Assembly Complex, Abuja.
Onjeh, the senatorial candidate of the APC in the February 20 Benue South Senatorial District legislative rerun election, is challenging the striking out of his petition by the National Assembly Election Petition Tribunal.
The tribunal Chairman, Justice Abdullahi Sanya, had struck out the petition on June 30 for being filed out of time.
Dissatisfied by the ruling of the tribunal, Onjeh filed a notice of appeal to challenge the decision of the tribunal.
Onjeh, however, filed a motion for substituted service on Mark, contending that the bailiff had made several attempts to effect service on him without success.
