From Victor Osula, Abuja
The Federal High Court in Abuja on Monday cleared the way for the hearing of a suit challenging aspects of the All Progressives Congress (APC) national convention process, ordering substituted service of court documents on the party’s National Chairman, Nentawe Yilwatda, and other key officials.
Justice Joyce Abdulmalik granted the order following an ex parte motion moved by the plaintiff’s counsel, Ogochukwu Onyema, after the court was informed that previous efforts to serve the defendants had been unsuccessful.
The development ensures that all parties are duly notified as proceedings move forward.
The suit was filed by Fubara Dagogo, an aspirant for the position of National Vice Chairman, South South, who is seeking to nullify the outcome of any party congress that excluded him from participation.
Dagogo told the court that he had fulfilled all requirements for the contest, including payment for his expression of interest and nomination forms, but was allegedly prevented from taking part in the process.
He is asking the court to declare that, by virtue of APC’s Payment Acknowledgment Receipt No. 26827 dated March 13, he is entitled to participate in the election for the office.
The plaintiff listed the APC, Yilwatda, Victor Giadom, and Sulaiman Muitamma as defendants in the suit.
In addition to the declaratory reliefs, Dagogo is seeking N100 million in general damages against Giadom and Muitamma for alleged mental anguish and embarrassment arising from his exclusion.
Responding, the APC, through its lawyer Kayode Okunade, filed a preliminary objection urging the court to dismiss the suit for lack of jurisdiction.
The party argued that matters relating to internal party affairs, including congresses and pre-primary processes, fall within its exclusive domain and are not subject to judicial intervention.
Okunade further contended that the suit is premature, alleging that Dagogo failed to exhaust the party’s internal dispute resolution mechanisms.
He also challenged the plaintiff’s legal standing and described the action as an abuse of court process.
After granting the application for substituted service, Justice Abdulmalik directed that all relevant court documents, including the originating summons and hearing notices, be served on the defendants through alternative means.
The matter was subsequently adjourned to April 24 for the hearing of all pending applications, marking a procedural milestone that underscores the court’s commitment to fair hearing and due process in the resolution of intra-party disputes.
