Address for service

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ADDRESS FOR SERVICE IN ELECTION PETITION

(1) ADDRESS FOR SERVICE

1. Address for Service.

“Now starting from the 1st page of the petition before the tribunal (which appears as

page 4 in the record of appeal), the name of the petitioner is one Alhaji Ibrahim

Ahmed Baban-Kowa. At the end of the petition, immediately after petitioner’s signature

the following is recorded. Address for service within the jurisdiction

…...............................................C/O APP HEADQUARTERS, KAZAURE

ROAD, DUTSE, JIGAWA STATE. The name of my Solicitors is MESSRS

AYODELE GAFAR & CO NO. 10 BEIRUT ROAD, KANO.” Thus, it is clear

from the above that address for service on the petitioner is “APP HEADQUARTERS,

KAZAURE ROAD, DUTSE, JIGAWA STATE” An address for service is the place

where mail or other communications such as petition or other legal processes will

reach the person intended. See the American case of Manson v. Bay State Dredging

& Contracting Co. 314, MASS, 485, 50 N.E. 2d 633, 636. I am glad to note that

there was no dispute between the contending counsel in this appeal that the address

endorsed at the end of the petition satisfies the 1st requirement of paragraph 5(4) of

schedule 5 to the Decree. Thus “APP HEADQUARTERS, KAZAURE ROAD,

DUTSE, JIGAWA STATE” could be ‘taken’ from all intents and purposes to be the

address for service of the petitioner/appellant. The Tribunal too, did not give a contrary

verdict on the address of service. I associate myself with this unanimity on the address

of service. They only thorny issue now is the second requirement of the sub-paragraph

under reference i.e. the provision for the name of the occupier of the address.” Per

Muhammad, J.C.A., in Laban-Kowa v. Alkali (1999) 9 N.W.L.R. (Pt. 620) 601 at

610.

2. Certificate and affidavit of service.

“There is no need to resort to rule 15 (1) in the present case which apply to all

processes, including originating processes. The wording of rule 16 of Order 6 is

mandatory and failure to comply with it is fatal to the service and proof thereof, of

any of the processes mentioned therein. The swearing of an affidavit cannot therefore

take the place of service in rule 16 of Order 6.” Per Wali, J.S.C., in Schroder v.

Major (1989) 2 N.W.L.R. (Pt. 101) 1 at 13.

3. Effect of failure to include the address of service and the name of the

occupier thereof in election petition.

“The effect of failure to state an address for service and its occupier is stated in

paragraph 5(5) of Schedule 5 to the Decree. The petition shall be deemed not to have

been filed, unless the Tribunal otherwise orders. In Ngelizana v. Nindi (supra) the

Court considered the provision of Section 100(4) of the Electoral Act, 1962 which is

Address for Service Paras. 1-3