By Chesa Chesa
The All Progressives Congress (APC) has written the Federal High Court in Abuja, challenging an order directing substituted service of court processes on President Bola Ahmed Tinubu through the party.
The party, in a letter dated September 22, 2026, addressed to the Deputy Chief Registrar of the Federal High Court, Abuja Judicial Division, and attention of the Registrar of Court 6, said the order was made by Justice I.E. Ekwo on September 16 in Suit No. FHC/ABJ/CS/1888/2026, between Atiku Abubakar and another against Tinubu and others.
The letter, signed by the APC National Secretary, Senator Surajudeen Ajibola Basiru, said the party became aware of the order through media reports but had not been served with an enrolled copy of the order.
The APC said it respected the authority of the courts and their orders but was compelled to draw the court’s attention to what it described as the “abusive” use of its processes.
According to the party, the suit was instituted in August 2026 against Tinubu, the APC and the Independent National Electoral Commission (INEC) as the first, second and third defendants respectively.
It alleged that while the plaintiffs served the APC and INEC, they failed to serve Tinubu, prompting the President to engage a legal team led by Chief Wole Olanipekun, SAN, to defend his interests.
The party said one of Tinubu’s lawyers, Mr Omosanya Popoola, SAN, appeared before the court on September 1 and informed the judge that he had instructions to accept service on behalf of the President.
It said the matter was subsequently adjourned to September 28 for mention.
The APC further stated that Olanipekun formally wrote the court on September 10, informing it that Tinubu had instructed his legal team to collect the originating processes and obtain certified true copies for the purpose of defending the suit.
According to the party, Tinubu’s counsel obtained and paid for certified true copies of the processes on September 11.
It said the President’s legal team subsequently filed a preliminary objection on September 14 and a defence, alongside a comprehensive written address, on September 15.
The APC said both filings were served on the plaintiffs’ counsel, whose office acknowledged receipt on September 14 and 15 respectively.
The party therefore argued that the application for substituted service, which was moved on September 16, was unnecessary because the President had already obtained the processes and filed his defence.
It further disclosed that it had also filed its defence to the suit.
“Both the APC, and President Bola Ahmed Tinubu, GCFR, have filed their respective defences to the Plaintiffs’ action, and are ready to prosecute the case accordingly,” the letter stated.
The party also informed the court that it had no consent or authority from Tinubu to receive court processes on his behalf, noting that the President had engaged lawyers of his choice to represent him.
