Follow Us on Google
From Godwin Tsa, Abuja
The All Progressives Congress (APC) has faulted the September 16 order of the Federal High Court, Abuja, permitting substituted service of a suit challenging President Bola Tinubu’s eligibility for the 2027 presidential election through the party, saying the President had already obtained the court processes and filed his defence before the order was made.
In a letter dated September 22, 2026, APC National Secretary, Surajudeen Ajibola Basiru, told the court that Tinubu’s legal team had obtained Certified True Copies of the originating processes on September 11, filed a preliminary objection on September 14 and a substantive defence on September 15.
The party said both processes had also been served on and acknowledged by counsel to former Vice President Atiku Abubakar and the African Democratic Congress (ADC), the plaintiffs in the suit, before their ex parte application for substituted service was moved on September 16.
The APC consequently argued that the order permitting Tinubu to be served through the party was unnecessary in the circumstances.
The suit, marked FHC/ABJ/CS/1888/2026, was filed by Atiku and the ADC against Tinubu, APC and the Independent National Electoral Commission (INEC) as first, second and third defendants respectively.
The plaintiffs are seeking Tinubu’s disqualification from the 2027 presidential election over allegations relating to documents he submitted to INEC, including an allegedly forged National Youth Service Corps discharge certificate. The substantive allegations have not been determined by the court.
Basiru said the APC became aware of the September 16 substituted-service order through media reports by the plaintiffs, maintaining that the party had not been formally served with the enrolled order.
According to the party, although it and INEC had earlier been served with the originating processes, Tinubu had not been personally served.
It said that after learning of the suit through media reports, the President engaged a legal team led by Wole Olanipekun, SAN, to defend him.
At the September 1 proceedings, Omosanya Popoola, SAN, who appeared for Tinubu, offered to accept service of the processes on behalf of the President, but counsel to the plaintiffs declined the offer, saying they wanted to avoid possible technical issues over service. The court subsequently adjourned the matter to September 28.
Other News
The APC said Olanipekun subsequently wrote the court on September 10 requesting the originating processes, following which his legal team obtained Certified True Copies on September 11.
According to the party, Tinubu’s preliminary objection was filed on September 14, followed by his substantive defence on September 15, with both served on the plaintiffs’ counsel.
It contended that when the plaintiffs moved their ex parte application for substituted service the following day, these developments, particularly the filing and service of Tinubu’s defence, were not brought to the court’s attention.
Justice Inyang Ekwo had on September 16 granted the plaintiffs’ application to serve Tinubu through the APC and directed that the service be effected within seven days. The matter was adjourned to September 28 for mention.
The APC further told the court that it had no consent or authority from Tinubu to receive court processes on his behalf, stressing that the President had retained counsel of his choice, which it said was known to the plaintiffs’ legal team.
It maintained that, given the steps already taken by Tinubu’s lawyers, the application for substituted service had become unnecessary.
The party said both it and the President had filed their respective defences and were ready to proceed with the substantive case.
The September 16 order followed earlier difficulties encountered by the plaintiffs in personally serving Tinubu. At the September 1 proceedings, their counsel informed the court that attempts at personal service had been unsuccessful and sought substituted service.
Atiku and the ADC subsequently obtained the order allowing the processes to be served on the President through the APC.
The case is scheduled to return before Justice Ekwo on September 28.
