The All Progressives Congress (APC) has objected to 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 revealed 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 promptly filed a defence after becoming aware of the suit through the media. The team obtained and paid for Certified True Copies of the court processes on September 11, 2026, and filed a Preliminary Objection on September 14 and a comprehensive defence on September 15. The defence was served on Atiku's counsel on September 14 and 15, 2026, respectively.
The APC stated that despite these steps, Atiku's counsel went ahead to move an ex parte application for substituted service through the APC without disclosing to the court that the President had already served his defence. The party emphasized that it lacks the legal mandate to receive court processes on behalf of the President and does not have his consent to do so.
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 expressed concern that the ex parte order was superfluous, confirming that both the party and President Tinubu have filed their respective defences and are fully prepared to prosecute the case.
The suit, marked FHC/ABJ/CS/1888/2026, was instituted by Atiku Abubakar and his co-plaintiff against President Bola Ahmed Tinubu, the APC, and the Independent National Electoral Commission (INEC). The APC's objection to the substituted service is based on the fact that President Tinubu has already engaged the services of counsel to represent him in the matter.
The party maintained its commitment to the rule of law, stating that it will prosecute the case when it comes up for mention. The APC's letter to the court aims to bring the issue to the court's attention and prevent the abuse of court processes.
The case is set to continue, with the APC and President Tinubu ready to defend themselves against Atiku's allegations. The court's decision on the matter will be crucial in determining the next steps in the case.
Key points
- The APC has rejected the substituted service, citing that President Tinubu's defence has already been filed and served.
- President Tinubu's legal team had obtained and paid for Certified True Copies of the court processes.
- The APC emphasized that it lacks the legal mandate to receive court processes on behalf of the President.
