An Oyo State High Court, sitting in Ibadan, presided over by Justice M.I. Sule, has granted an order of substituted service on Aare Ona Kakanfo of Yorubaland, Iba Gani Adams, in an alleged defamatory suit filed against him by the Yoruba nation activist, Sunday Adeyemo, popularly known as Sunday Igboho.
In the suit, Igboho, who is the plaintiff, prayed for an order compelling the defendant to pay N500 million as aggravated damages over a leaked audio conversation, which he claimed, rubbished his reputation.
According to the writ of summon made available to journalists, Igboho is seeking, among others, “a declaration that the content of an audio clip between the defendant (Adams) and a third party, named Nuru Banjo, that took place sometime in November 2021, and further published on all new media platforms, including YouTube, is slanderous, libelous and defamatory.
However, in a certified true copy of the enrolment of order, issued yesterday, the court ordered that the motion ex-parte be served on the defendant through substituted service by pasting it on the walls or gates of his residence at No. 14, Ezekiel Street, off Toyin Street, Ikeja, Lagos State.
“I have perused the processes filed in support of the instant application. The gist of the application is that the bailiff of this court made an attempt at personal service, but was told the defendant was not around at his residence at 14, Ezekiel Street, off Toyin Street, Ikeja, Lagos State, hence the instant application. The affidavit of non-service to that effect was filed on April 3, 2024.
“In consequence whereof, I hereby grant the application in the overall interest of justice. Consequently, the claimant/applicant is hereby granted leave to serve his originating and any other processes on the defendants by substituted means to wit: through the law firm of the solicitors to the defendant. Service in the manner hereby ordered shall constitute proper service on the defendant,” the judge stated.
Justice Sule subsequently adjourned the matter to June 26, 2024.