Paragraph 8
Personal service on respondent(1) Subject to subparagraph (2) and (3), service on the respondents—
(a) of the documents mentioned in paragraph 7 (1) (a); and
(b) of any other documents required to be served on them before entering appearance, shall be personal.
(2) Where the petitioner has furnished, under paragraph 6, the addresses of the places where personal service can be effected on the respondents and the respondents or any of them cannot be found at the place or places, the Tribunal or Court on being satisfied, on an application supported by an affidavit showing that all reasonable efforts have been made to effect personal service, may order that service of any document mentioned in subparagraph (1) be effected in any ways mentioned in the relevant provisions of the Civil Procedure Rules for effecting substituted service in civil cases and that service shall be deemed to be equivalent to personal service.
(3) The proceedings under the election petition shall not be vitiated notwithstanding the fact that—
(a) the respondents or any of them may not have been served personally; or
(b) a document of which substituted service has been effected pursuant to an order made under subparagraph (2) did not reach the respondent, and in either case, the proceedings may be heard and continued or determined as if the respondents or any of them had been served personally with the document and shall be valid and effective for all purposes.
i. This paragraph seeks to give effect to Paragraphs 6 and 7 of the 1st Schedule to the Electoral Act, 2022 by ensuring personal service of Petition on a Respondent and where personal service fails, the Paragraph creates alternative means of service of Petition on the Respondent.
ii.
The paragraph provides that where a Tribunal or Court is satisfied that attempt at personal
service on the Respondent has failed, they may make an order for service of the Petition on
such
Respondent by substituted means and same shall be deemed as personal service.
Read APC
v. PDP &
Ors (2021) LPELR-54280(CA)
iii.
Service by substituted means entails any form of service other than personal service. This
may be service by pasting or dropping the Petition in the last known address of the
Respondent;
pasting in the premises of the Court or Tribunal, publication in National Dailies and any
others
means of ensuring that the Respondent to an Election Petition becomes aware of the Petition
against him/her.
Read Akpoti & Anor v. INEC & Ors (2019) LPELR-6521(CA)
iv.
Where service is made on the Respondent by any means apart from personal service, the
proceedings are not liable to be vitiated, but where it is established that the petition was
not
served on the Respondent, the proceedings will be vitiated.
Read Ihedioha v. Okorocha (2015) LPELR-40837 (SC)
