IN THE HIGH COURT OF ENUGU STATE OF NIGERIA

IN THE ENUGU JUDICIAL DIVISION

HOLDEN AT ENUGU

SUIT NO. E/165M/2020

MOTION NO. _____________

BETWEEN:

ARC. J. J. EMEJULU ---------- APPLICANT

AND

1. THE COMMISSIONER OF POLICE, ENUGU STATE

2. THE INSPECTOR GENERAL OF POLICE, NIGERIA RESPONDENTS

MOTION EX PARTE
BROUGHT PURSUANT TO ORDER 11 RULE 5, ORDER 7 RULE 12 OF THE
HIGH COURT RULES OF ENUGU STATE 2020, SECTION 36 OF THE 1999
CONSTITUTION (AS AMENDED), AND UNDER THE INHERENT
JURISDICTION OF THIS HONOURABLE COURT.

BY EXPARTE that this Honourable Court shall be moved on the ______ day of
____________, 2025, at the hour of 9 O’clock in the forenoon or so soon thereafter
as Counsel for the Applicant may be heard praying this Honourable Court for
the following:

1. AN ORDER of this Honourable Court granting leave to the Applicant to

serve all the processes filed in this suit including the Form 48, Form 49,
Motion on Notice for committal proceedings, affidavit, statement in support
and exhibits, on the 2nd Respondent – the Inspector General of Police – by
substituted means, to wit: By serving same on the legal department of the
Nigerian Police Force Headquarters, Louis Edet House, Area 11, Garki, Shehu
Shagari Way, Central Area, Abuja or in the alternative by pasting same at the
entrance gate or any conspicuous part of the premises of the Nigerian Police
Force Headquarters, Louis Edet House, Area 11, Garki, Shehu Shagari Way,
Central Area, Abuja, being the known office address of the 2nd Respondent.
2. AND FOR SUCH FURTHER OR OTHER ORDER(S) as this Honourable Court
may deem fit to make in the circumstances.

Dated this ________ day of _______________, 2025.

_________________________
I. C. Ndubuisi, Esq.
Applicant’s Counsel
174 Upper Chime, New Haven, Enugu
Tel: 08038220844
Email: [email protected]

NOT FOR SERVICE

 IN THE HIGH COURT OF ENUGU STATE OF NIGERIA
IN THE ENUGU JUDICIAL DIVISION
HOLDEN AT ENUGU

SUIT NO. E/165M/2020

MOTION NO. _____________

BETWEEN:

ARC. J. J. EMEJULU ---------- APPLICANT

AND

1. THE COMMISSIONER OF POLICE, ENUGU STATE

2. THE INSPECTOR GENERAL OF POLICE, NIGERIA RESPONDENTS

AFFIDAVIT IN SUPPORT OF MOTION EX PARTE

I, ARC. JUDE J. EMEJULU, Male, Christian, Nigerian Citizen of No. 23 Eziokwu

Street, Community Estate, Trans-Ekulu, Enugu State, do hereby make oath and
state as follows:

1. That I am the Applicant in this suit and the deponent herein, by virtue of
which I am conversant with the facts herein.

2. That the 2nd Respondent is the Inspector General of Police with office at
Louis Edet House, Area 11, Garki, Shehu Shagari Way, Central Area, Abuja.

3. That I filed a Motion on Notice in this suit seeking orders of committal

against the 1st and 2nd Respondents for contempt of court.

4. That I caused Form 48 and Form 49 to be served on both Respondents.

5. That while the 1st Respondent was duly served, the 2nd Respondent
deliberately refused service, frustrating efforts of the Court’s Bailiff to serve
him at the Police Headquarters in Abuja, despite several visits and costs
incurred by me.
6. That the Bailiff has filed an Affidavit of Non-Service, detailing the refusal of
the 2nd Respondent to accept service.

7. That the 2nd Respondent is evading service intentionally to frustrate the

hearing of this matter.

8. That it is in the interest of justice to grant leave to serve the 2nd

Respondent by substituted means, particularly by serving same on the legal
department of the Nigerian Police Force Headquarters, Louis Edet House, Area
11, Garki, Shehu Shagari Way, Central Area, Abuja or in the alternative by
pasting same at the entrance gate or any conspicuous part of the premises of
the Nigerian Police Force Headquarters, Louis Edet House, Area 11, Garki,
Shehu Shagari Way, Central Area, Abuja, being the known office address of the
2nd Respondent.

9. That I depose to this affidavit in good faith and in accordance with the Oaths
Act, believing the contents to be true and correct.

__________________
DEPONENT
Sworn to at the High Court Registry, Enugu

This _______ day of ____________, 2025

BEFORE ME:

______________________________________________

COMMISSIONER FOR OATHS

 IN THE HIGH COURT OF ENUGU STATE OF NIGERIA
IN THE ENUGU JUDICIAL DIVISION
HOLDEN AT ENUGU

SUIT NO. E/165M/2020

MOTION NO. _____________

BETWEEN:

ARC. J. J. EMEJULU ---------- APPLICANT

AND

1. THE COMMISSIONER OF POLICE, ENUGU STATE

2. THE INSPECTOR GENERAL OF POLICE, NIGERIA RESPONDENTS

WRITTEN ADDRESS IN SUPPORT OF MOTION EX PARTE FOR

SUBSTITUTED SERVICE

1.0 INTRODUCTION
This Written Address is filed pursuant to the Motion Ex Parte brought under
Order 11 Rule 5, Order 7 Rule 12 of the High Court Rules of Enugu State 2020,
the Sheriff and Civil Process Act, the 1999 Constitution (as amended), and the
inherent jurisdiction of this Honourable Court, seeking leave to serve court
processes on the 2nd Respondent by substituted means.

2.0 ISSUE FOR DETERMINATION

Whether this Honourable Court has the power to grant leave to the Applicant to
serve the processes in this suit on the 2nd Respondent by substituted means in
the circumstances of this case.

3.0 ARGUMENT
Whether this Honourable Court has the power to grant leave to the Applicant to
serve the processes in this suit on the 2nd Respondent by substituted means in
the circumstances of this case?
My Lord, the above question of law is answered in the affirmative. The law is
settled that where personal service of court processes has become
impracticable, impossible, or has been deliberately frustrated by a party, the
Court is empowered to order substituted service to ensure that justice is not
defeated by mere technicalities.

See Order 7 Rule 5 of the High Court Rules of Enugu State 2020. Where
personal service of a process cannot be conveniently effected, the Court may
order that service be effected either by delivering the document to some adult
person at the usual or last known place of abode or business of the person to
be served, or by advertisement in the Gazette or in a newspaper circulating
within the jurisdiction, or by affixing the process to some conspicuous part of
the house or place where the person to be served is known to have last
resided or carried on business.

In this case, the Bailiff’s affidavit of non-service, already before this

Honourable Court, shows that the 2nd Respondent has deliberately refused
service of the court processes, despite repeated efforts and expenses incurred
by the Applicant. The Court is therefore justified in permitting substituted
service.

It is also trite that the object of service is to bring the pendency of the suit to
the attention of the party being served as has been decided by plethora of
authorities.

Where personal service is impossible or impracticable, service can be ordered

by substituted means to ensure the defendant becomes aware of the
processes against him."

My lord, the Nigeria Police Force Headquarters is the known official address
of the 2nd Respondent. Therefore, an order for substituted service by pasting
the court processes at the gate or any conspicuous part of that premises is
both reasonable and sufficient to draw the attention of the 2nd Respondent to
this suit.
4.0 CONCLUSION

In the light of the foregoing and the prevailing legal authorities, we most
respectfully urge this Honourable Court to grant this application as prayed in
the interest of justice, equity and fair hearing.

Dated this ______ day of ___________, 2025

_________________________
I. C. Ndubuisi, Esq.
Applicant’s Counsel
174 Upper Chime, New Haven, Enugu
Tel: 08038220844
Email: [email protected]

NOT FOR SERVICE