Court Grants Fubara’s Request In Suit Against APC National Chairman, Others

A Federal High Court in Abuja has ordered substituted service of court documents on the National Chairman of the All Progressives Congress (APC), Nentawe Yilwatda, and other party officials in a suit challenging an alleged exclusion from the party’s national convention election.

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Naija News reports that the order was issued on Monday by Justice Joyce Abdulmalik, following an ex-parte motion filed by the plaintiff’s counsel, Ogochukwu Onyema.

The court subsequently adjourned the hearing of all pending applications in the case, including a preliminary objection filed by the APC, until April 24.

The suit was instituted by Fubara Dagogo, an aspirant for the position of National Vice Chairman (South South) of the APC.

Fubara is asking the court to nullify any outcome of the party’s national congress that excluded him from participating in the election.

He alleged that despite being duly cleared and paying for both the expression of interest and nomination forms, he was prevented from contesting.

In the suit, Fubara named the APC and its national chairman, Nentawe Yilwatda, as defendants.

Other respondents listed in the case include: Victor Giadom, APC National Vice Chairman (South South); Sulaiman Muitamma, APC National Organising Secretary.

The plaintiff also asked the court to declare that, based on APC’s Payment Acknowledgment Receipt No. 26827 dated March 13, he is entitled to the party’s expression of interest and nomination forms for the position.

Dagogo further requested N100 million in general damages against Giadom and Muitamma.

He claimed the actions of the officials caused him mental anguish and embarrassment.

Meanwhile, the APC, through its lawyer Kayode Okunade, filed a preliminary objection, asking the court to dismiss the suit for lack of jurisdiction.

The party argued that internal party matters, including congresses and pre-primary processes, fall within the exclusive authority of the party.

Okunade also maintained that the suit was premature, stating that Dagogo failed to exhaust the party’s internal dispute resolution mechanisms.

He further argued that the plaintiff lacked the legal standing to institute the case and described the suit as an abuse of court process.

During Monday’s proceedings, Onyema informed the court that the defendants could not be served with the court documents.

This prompted the request for substituted service, which the judge granted.

Justice Abdulmalik ordered that all court documents, including the originating summons, be served on Yilwatda, Giadom, and Muitamma.

The court also directed that hearing notices for the next sitting be served on the parties to ensure their presence.

The matter has been adjourned to April 24 for further proceedings.