The All Progressives Congress (APC) has informed the Federal High Court in Abuja that the exparte application for substituted service filed by former Vice President Atiku Abubakar and another plaintiff against President Bola Ahmed Tinubu is not necessary. According to the APC, both the party and President Tinubu have filed their respective defenses to the plaintiffs' action and are ready to prosecute the case. The party made this known in a letter dated September 22, 2026, signed by its National Secretary, Senator Surajudeen Ajibola Basiru.
The APC became aware of the court's order through media propaganda embarked on by the plaintiffs immediately after the order was made. However, the plaintiffs have not served any enrolled order on the APC up till the moment. The party respects all courts in the country, including all orders made by them, but also has a duty to bring it to the court's attention when its processes are being abusively employed to harass the public or any of its members, particularly President Tinubu.
The plaintiffs instituted the action against President Tinubu and the Independent National Electoral Commission (INEC) in August 2026. While the plaintiffs served INEC, they failed to serve President Tinubu. Immediately after becoming aware of the institution of the action, President Tinubu briefed his team, led by Chief Wole Olanipekun, CFR, SAN, to represent and defend his interest in the matter.
The matter was listed on the cause list on September 1, 2026, and one of President Tinubu's counsels, Mr. Omosanya Popoola, SAN, appeared for him. The counsel informed the court of his readiness to accept service of the processes on behalf of President Tinubu, but the plaintiffs' counsel objected to the request. The matter was then adjourned to September 28, 2026, for mention.
President Tinubu instructed his counsel to file his defense to the plaintiffs' action immediately after obtaining the processes. On September 10, 2026, President Tinubu's lead counsel, Chief Wole Olanipekun, CFR, SAN, formally wrote to the court, stating that the first defendant has instructed him to collect the originating processes filed by the plaintiffs and obtain certified true copies thereof.
The APC noticed that the application for substituted service granted against President Tinubu was moved on September 16, 2026, without drawing the court's attention to the facts that President Tinubu's defense had been filed and served on the plaintiffs' counsel. The party does not have President Tinubu's consent or authority to receive any processes in the matter on his behalf, as he has engaged the services of counsel to represent him.
The APC wishes to inform the court that the exparte application for substituted service filed by the plaintiffs was unnecessary given the trajectory of the facts. Both the APC and President Tinubu have filed their respective defenses to the plaintiffs' action and are ready to prosecute the case accordingly.
Key points
- The APC says it has filed its defence to the plaintiffs' action and is ready to prosecute the case.
- President Tinubu has also filed his defence to the plaintiffs' action and is ready to prosecute the case.
- The court had granted an exparte application for substituted service against President Tinubu on September 16, 2026.
