The three-man panel, chaired by Justice Muhammad Sirajo, granted the order, following an ex parte application by the APC's counsel, Kabir Akingbolu.
APC, in its petition before the tribunal, is challenging the victory of Fayose in the June 21 governorship election.
The Independent National Electoral Commission (INEC) declared Fayose winner of the election.
In the application brought pursuant to Paragraph 8(2) of the First Schedule of the Electoral Act 2010 and under the inherent power of the court, the applicant complained that efforts to serve Fayose by the court's bailiff had been futile.
The tribunal also granted an order for the INEC to allow the APC unfettered access to inspect electoral materials used in the June 21 governorship election.
The ex parte motion brought pursuant to Section 151 (1&2) and paragraph 47 (1&2) of the First Schedule of the Electoral Act 2010 as amended was supported by a 15-paragraph affidavit deposed to by Christian Okoh, a lawyer.
Ruling, Justice Sirajo, said "leave is, hereby, granted the applicant to move the application outside and prior to pre-hearing session.
"Prayer 2, 3 and 4 are consequently granted, subject to the payment by the petitioner to the Chief National Electoral Commissioner the requisite fee for the certification of documents aforementioned."
"With respect to the second motion no EKS/Gov/M3/14, the application for substituted service of the petition on the second respondent (Fayose) is also granted in view of the failure of personal service."
Akingbolu explained to journalists after the sitting that the ruiling of the tribunal had empowered the petitioner to serve Fayose a copy of the petition through courier to his home country in Afao-Ekiti or by pasting a copy on the wall of the PDP secretariat in Ado-Ekiti.
"The court has granted us an order to use an expert in handwriting, biometric data, and scientific analysts that can examine the ballot papers to prove whether the allegation we made is true or not, which we believe will be successfully proved," he added
Tribune
Thanks
