The All Progressives Congress (APC) has rejected an order granted to former Vice President Atiku Abubakar to serve court processes on President Bola Ahmed Tinubu through the party's national secretariat. In a letter to the Federal High Court in Abuja, the APC described the ex parte application for substituted service as unnecessary and misleading. The party stated that President Tinubu's legal team had already filed and served his defence on Atiku's counsel before the order was moved.
According to the APC, President Tinubu's legal team, led by Chief Wole Olanipekun (SAN), had formally written the Court on September 10, 2026, to collect the originating processes filed by the plaintiffs on his behalf. The team obtained and paid for Certified True Copies on September 11, 2026, and filed a Preliminary Objection on September 14 and a comprehensive defence alongside a written address on September 15. Both documents were served on the plaintiffs' counsel, who acknowledged receipt of service.
The APC's National Secretary, Senator Surajudeen Ajibola Basiru, signed the letter cautioning the court against allowing its processes to be abusively employed for media propaganda and public harassment. The party stressed that it lacks the legal mandate to receive court processes on behalf of the President and does not have his consent or authority to receive any processes in this matter.
Atiku Abubakar and his co-plaintiff instituted an action against President Tinubu, the APC, and the Independent National Electoral Commission (INEC), listing them as the first, second, and third defendants. The APC stated that when the matter was listed on September 1, President Tinubu's counsel expressed readiness to accept service of the court processes on behalf of the President, but Atiku's legal counsel objected to the request.
Despite the steps taken by President Tinubu's legal team, counsel representing Atiku moved an ex parte application for substituted service through the APC on September 16, without disclosing to Justice Inyang Ekwo that the President had already served his defence. The APC described the ex parte order as superfluous, confirming that both the party and President Tinubu had filed their respective defences and were prepared to prosecute the case.
The APC reiterated its commitment to the rule of law, maintaining that it would not allow its processes to be misused. The party expressed concern that the plaintiffs' counsel had not disclosed the facts to the court, which could lead to an abuse of court processes.
The eligibility battle between Atiku Abubakar and President Bola Ahmed Tinubu is set to continue, with both parties prepared to prosecute the case. The APC has urged the court to be cautious in its proceedings and ensure that its processes are not used for media propaganda or public harassment.
Key points
- - The APC rejected the ex parte application for substituted service, citing that President Tinubu's defence had already been filed and served. - President Tinubu's legal team had obtained Certified True Copies of the court processes and filed a Preliminary Objection and comprehensive defence. - The APC expressed concern over the potential abuse of court processes by the plaintiffs' counsel.
