The Federal High Court in Abuja, on Monday, ordered a substituted service of court documents on Prof. Nentawe Yilwatda, APC National Chairman, and others in a suit filed by an aggrieved aspirant, Fubara Dagogo, challenging his exclusion from the party’s national convention election.
Justice Joyce Abdulmalik, who gave the order, adjourned the matter until April 24 for the hearing of all pending applications, including the preliminary objection filed by the All Progressives Congress (APC).
The News Agency of Nigeria (NAN) reports that Dagogo had, in the suit, prayed the court to nullify the outcome of any party’s national congress for the position of National Vice Chairman, South South, without his physical participation.
He urged the judge to determine whether there could be a legitimate zonal congress for South South APC with his alleged unlawful exclusion after he was duly cleared and paid for his expression of interest (EoI) and nomination forms.
The plaintiff, through his lawyer, Chief Ogochukwu Onyema, named APC and Prof. Yilwatda as 1st amd 2nd defendants.
Dagogo also listed Hon Victor Giadom, party’s National Vice Chairman, South South, and Sulaiman Muitamma, APC’s National Organising Secretary, as 3rd and 4th defendants respectively.
In the originating summons, marked: FHC/ABJ/CS/591/2026 dated March 22 and filed March 23 by his lawyer, Dagogo sought six reliefs.
He wants the court to declare that by virtue of APC’s Payment Acknowledgment Receipt No. 26827 dated March 13 and issued to him, he is entitled to be issued with the requisite EoI and Nomination Forms as an aspirant for the position of National Vice Chairman, South —South Nigeria.
He is equally praying the court to award a general damages of N100 million against the 3rd and 4th defendants for the discomfitures, embarrassments and mental torture, they occasioned to him with their ill conduct.
But the APC, in a preliminary objection filed by its lawyer, Kayode Okunade, urged the court to strike out or dismiss the suit for want of jurisdiction.
Okunade also prayed the court for an order striking out the originating summons filed by Dagogo as incompetent.
The lawyer, in his eight-ground argument, said the subject matter of the suit borders on the internal affairs of a political party, which is non-justiciable and outside the jurisdiction of the court.
He said Dagogo’s complaint, relating to non-issuance of nomination form despite payment, concerns the conduct of party congresses and pre-primary processes, which are within the exclusive domestic jurisdiction of the party.
Okunade argued that the applicant lacks the locus standi to institute the action, having not been duly recognised as a valid aspirant under the APC Constitution and Guidelines.
He said the suit is premature, the applicant having failed to exhaust the internal dispute resolution mechanisms provided under the party’s constitution.
The lawyer, who said the suit constitutes an abuse of court process, aimed at inviting the court to interfere in the discretionary powers of a political party, argued that Dagogo had not disclosed any reasonable cause of action against the respondents.
When the matter was called on Monday, Onyema informed the court of their inability to serve 2nd to 4th defendants which necessitated the motion ex-parte for substituted service.
After moving the motion, Justice Abdulmalik granted the reliefs for substituted service of all processes, including the originating summons, on Yilwatda, Giadom and Muitamma.
The judge also ordered that hearing notices be issued and served on the 2nd, 3rd and 4th defendants respectively to ensure all parties are before the court on the next adjourned date.
