By Ambassador Akume Raphael
It has become necessary to put the record straight since Austin Agada and his media handlers are bent on causing chaos, distraction and panic to the APC family about the happenings/current state of the Party in the state.
It is no news that Austin Agada led exco of the party was dissolved by the National Working Committee of the Party and a seven-man Caretaker Committee was set up to oversee the affairs of the party for six months.
The Agada led exco ran to the court to obtain an ex parte order at the State High Court in Makurdi which was granted by Honorable Justice Theresa Igoche.
That order was granted at about 4pm after the National Working Committee of APC had constituted and sworn in the caretaker committee.
In a video, Agada claimed he and the Court’s bailiff served the court order on the Party at the National Secretariat at about 4:02 pm, now does it mean Agada preempted the court’s ruling and decided to travel down to Abuja with a “court bailiff”?
How was he sure that the exparte Order will be granted to have gone ahead with the court bailiff to wait and serve the National secretariat of the Party with the court order that was granted by 4pm at 4:02pm?
Speaking of instituting a contempt proceedings against the National Chairman, His Excellency Alh. Umar Ganduje is laughable because there is no proof to show to the court for the judge to see that actually the national Chairman went against the Orders of the court.
It is my firm believe that Agada and his co travellers scanned the exparte order and sent to the National Chairman on WhatsApp and that can not be said to suffice as proper service by the court.
Again he claimed to have served the National Chairman and the Legal adviser of the party, where is that done? Service on either the Chairman or the Legal Adviser of the party suffices so what was he doing serving the national Chairman and the Legal adviser?
It is only when facts are presented before the court showing how several attempts were made to effect service and proved abortive and the judge seek clarification from the court bailiff and gets a confirmation that it is true that someone is evading service that a judge can order service by substitute means.
Agada, if at all served the national secretariat of the party the process, the means through which he served them can not be said to be proper service and no judge when presented with these facts will say he has jurisdiction to hear such a matter.
Jurisdictional questions are answered first whenever they’re raised before the Judge goes ahead to hear the matter proper and I strongly believe, Honourable Agada has robbed the court of its jurisdiction to hear his matter.
Agada and his blind supporters can only deceive the gullible that they have any serious matter before the court, former chairman Agada and his ousted exco should start finding ways to refund those they collected their monies in the name of selling forms for local Government council elections because they are already asking for their monies.
