An FCT High Court sitting in Apo, Abuja on Friday ordered that fresh court processes be served on former Aviation Minister, Femi Fani-Kayode in a suit filed by his ex-wife, Precious Chikwendu alleging abuse.
Judge S.C Oriji made the order after he set aside an earlier service on Fani-Kayode which his counsel, Adeola Adedipe claimed was invalid because his client’s signature was forged.
When the matter was called, Adedipe prayed the court to decline jurisdiction of the matter and strike it out or alternatively, set aside the earlier purported service of the processes filed by Chikwendu on his client.
Adedipe in his argument, told the court that his client never received service of court process from the bailiff adding that the signature of his client on the certificate the bailiff returned was forged.
The lawyer said that the only reason they were present in court was out of protest and not because they were duly served.
He added that the issue of the purported service was currently being investigated by the police.
Responding, counsel to Chikwendu, Mrs Enohor Moi-Wuyep prayed the court to dismiss Fani-Kayode’s application in its entirety.
According to Moi-Wuyep, the respondent was duly served, there is a text message by the respondent to the applicant saying he received the court summons.
“This is the text message he sent; I received your summons, I thought we were making progress and the matter can be resolved amicably in the interest of the children. What a pity, we shall meet in court.”
On the issue of jurisdiction, the counsel argued that it was the court that would decide on whether to decline jurisdiction or not.
In a short ruling, Justice Oriji held that from what the bailiff told the court, service was not effected personally on the respondent.
The judge held that the bailiff should have insisted on serving the respondent personally saying the fact that the bailiff did not see him personally raises the question of invalid service.
“The issue is not that he has not received it but that it was not served on him personally.
“In the light of the doubt on personal service, what is left for the court to do is to set aside the service.
“The purported service of the processes is hereby set aside,” the judge said.
He, however, refused the prayer to decline jurisdiction over the matter. The judge made an order that fresh hearing notice along with the originating motion be served on Fani-Kayode. He adjourned the matter until April 21 for hearing.
Chikwendu, a former beauty queen alleged that Fani-Kayode, her ex-husband beat her up on several occasions even while she was pregnant.
She, therefore, demanded full custody of their four sons.
She made the allegations in an affidavit she deposed to in support of an originating motion brought pursuant to Section 69 of the Child’s Rights Act, 2003.
