The All Progressives Congress (APC) has rejected an order by the Federal High Court, Abuja, to serve court processes on President Bola Ahmed Tinubu through the party. This development is related to a suit filed by former Vice President Atiku Abubakar and another against Tinubu, the APC, and the Independent National Electoral Commission (INEC). The APC made its position known in a letter dated September 22, 2026.
According to the APC, the party became aware of the order made by Justice I.E. Ekwo on September 16 through media reports. However, the APC had not been served with an enrolled copy of the order. The party respects the authority of the courts but wants to draw attention to relevant facts concerning the service of the originating processes in the suit.
The APC stated that the plaintiffs served the party and INEC but initially failed to serve Tinubu. The President became aware of the suit through media reports and subsequently briefed a legal team led by Chief Wole Olanipekun, SAN, to represent his interests. On September 1, one of Tinubu's counsel indicated readiness to accept service on behalf of the President.
The APC further stated that Tinubu's legal team obtained certified true copies of the processes on September 11 and filed a preliminary objection on September 14 and a defence on September 15. These documents were served on the plaintiffs' counsel, whose office acknowledged receipt. The party argued that the application for substituted service was unnecessary given that Tinubu had already filed and served his defence.
The APC emphasized that it had neither the consent nor authority of Tinubu to receive court processes on his behalf. The President had engaged lawyers of his choice to represent him in the suit. The party urged the court to consider the circumstances and reiterated its respect for the judiciary and the judicial process.
The APC maintained that both the party and Tinubu had filed their respective defences and were ready to prosecute the matter before the court. The suit, instituted by Atiku Abubakar and another, is listed as Suit No. FHC/ABJ/CS/1888/2026. The APC's position was made known in a letter addressed to the Deputy Chief Registrar of the Federal High Court, Abuja.
The development is a significant turn in the suit filed by Atiku Abubakar against Tinubu, the APC, and INEC. The court had adjourned the matter to September 28 for mention. The APC's rejection of the substituted service order may have implications for the progression of the suit.
Key points
- The APC rejected the order for substituted service on Tinubu, arguing that it was unnecessary since the President had already filed his defence in the suit.
- Tinubu's legal team had obtained certified true copies of the processes and filed a preliminary objection and defence before the application for substituted service was made.
- The APC emphasized that it had no authority to receive court processes on behalf of Tinubu, who had engaged his own lawyers to represent him in the suit.
