The All Progressives Congress (APC) has objected to a court order for substituted service on President Bola Ahmed Tinubu in a suit filed by Atiku Abubakar. The party, in a letter dated September 22, 2026, to the Federal High Court in Abuja, argued that the order was unnecessary. According to the APC, Tinubu had already obtained the processes and filed his defence to the suit.
The suit, filed in August 2026, is between Atiku Abubakar and another against Tinubu, the APC, and the Independent National Electoral Commission (INEC). The APC and INEC were served with court processes, but Tinubu was not. The President subsequently engaged a legal team, led by Chief Wole Olanipekun, SAN, to defend his interests. One of Tinubu's lawyers, Mr Omosanya Popoola, SAN, informed the court on September 1 that he had instructions to accept service on behalf of the President.
The APC stated that Tinubu's counsel obtained and paid for certified true copies of the processes on September 11. The President's legal team filed a preliminary objection on September 14 and a defence, alongside a comprehensive written address, on September 15. Both filings were served on the plaintiffs' counsel, whose office acknowledged receipt on September 14 and 15 respectively.
The party argued that the application for substituted service, moved on September 16 by Justice I.E. Ekwo, was unnecessary because Tinubu had already obtained the processes and filed his defence. The APC also disclosed that it had filed its defence to the suit. The party emphasized that it respected the authority of the courts but was compelled to draw attention to what it described as the "abusive" use of its processes.
The APC informed the court that it had no consent or authority from Tinubu to receive court processes on his behalf. The President had engaged lawyers of his choice to represent him. The party stated that both the APC and Tinubu had filed their respective defences to the plaintiffs' action and were ready to prosecute the case.
The suit was adjourned to September 28 for mention. The APC's objection to the substituted service order is a significant development in the case. The party's letter to the court was signed by the APC National Secretary, Senator Surajudeen Ajibola Basiru.
The APC's challenge to the substituted service order highlights the complexities of the suit filed by Atiku Abubakar against Tinubu. The case is set to continue on September 28, with the court expected to consider the objections raised by the APC. The outcome of the case will be closely watched, given its implications for Nigerian politics.
Key points
- The APC has challenged a court order for substituted service on President Tinubu in a suit filed by Atiku Abubakar.
- The party argues that the order was unnecessary because Tinubu had already obtained the processes and filed his defence.
- The case is set to continue on September 28, with the court expected to consider the objections raised by the APC.
