A Federal Capital Territory High Court sitting in Apo, Abuja, has granted leave for substituted service on Ibrahim Magu, the Acting Chairman of the Economic and Financial Crimes Commission (EFCC).
Justice Silvanus Oriji gave the order of substituted service on Tuesday, after listening to the submissions of Chief Mike Ozekhome (SAN), counsel to an Abuja-based lawyer Monday Ubani and former senator Christopher Enai.
On March 26, Justice Orji granted leave to an ex-parte motion filed by Ozekhome for EFCC to charge Ubani and Enai to court or release them on bail on or before March 28.
The judge held that the court had the power to make an order for substituted service of the process where it appears that prompt service cannot be conveniently effected.
”In exercise of the power of the court under Order 7 rule 11, I grant this motion,” he said.
Ishaya Markus, the bailiff, was denied access to Magu by armed security personnel at his office at the EFCC headquarters.
Ozekhome said the operatives told the bailiff that he could only see Magu on an invitation.
In the ex-parte motion, Ozekhome prayed the court to order form 48 and 49 be served on any officer at the mail registry of the EFCC Chairman and the legal department at the headquarters in Jabi.
He also prayed an order of the court to post same at the gate of the EFCC’s head office.
Ubani, a former President of the Ikeja branch of the Nigerian Bar Association (NBA), and Enai, the former lawmaker representing Bayelsa, were invited and detained by EFCC operatives on March 19.
They were detained for standing as sureties for Ngozi Olejeme, who once served as the Chairman of the Nigeria Social Insurance Trust Fund from 2009 till 2015.
They are still yet to be charged to court by the EFCC.
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