APC Convention: Court Orders Substituted Service On Yilwatda, Others

The Federal High Court in Abuja on Monday ordered substituted service of court documents on Nentawe Yilwatda, the All Progressives Congress (APC) national chairman, and other party officials in a suit challenging his exclusion from the party’s national convention election.

Judge Joyce Abdulmalik granted the order following an ex-parte motion by the plaintiff’s lawyer, Ogochukwu Onyema, and adjourned the hearing of all pending applications, including a preliminary objection filed by APC, until April 24.

The suit was filed by Fubara Dagogo, an aspirant for the position of National Vice Chairman, South South, who seeks to nullify any outcome of the party’s national congress that excluded him from participation.
Dagogo claims he was duly cleared and paid for his expression of interest and nomination forms, but was allegedly prevented from participating.

Dagogo named APC and Yilwatda as defendants. Other respondents include Victor Giadom, the party’s national vice chairman, South South, and Sulaiman Muitamma, APC’s national organising secretary.

The plaintiff asked the court to declare that, by virtue of APC’s Payment Acknowledgment Receipt No. 26827 dated March 13, he is entitled to the requisite expression of interest and nomination forms for the position of National Vice Chairman, South South.

He also requested general damages of N100 million against Giadom and Muitamma for the mental anguish and embarrassment he claims they caused.

APC, through its lawyer Kayode Okunade, filed a preliminary objection asking the court to dismiss the suit for lack of jurisdiction, arguing that internal party affairs, including congresses and pre-primary processes, fall within the exclusive domain of the party.

Okunade also said the suit is premature because Dagogo allegedly failed to exhaust the party’s internal dispute resolution mechanisms. He further argued that the applicant lacks the legal standing to sue and that the suit constitutes an abuse of court process.

During Monday’s proceedings, Onyema informed the court that the defendants could not be served, prompting the motion for substituted service.

The judge granted the request, directing that all court documents, including the originating summons, be served on Yilwatda, Giadom, and Muitamma. Notices for the next hearing were also ordered to ensure the presence of all parties.

The matter is now scheduled for April 24.