Court Approves Substituted Service for Yilwatda and Others in APC Congress Challenge

On Monday, the Federal High Court in Abuja issued an order for substituted service of court documents to Nentawe Yilwatda, the national chairman of the All Progressives Congress (APC), along with other defendants.

This legal action originates from a lawsuit filed by aspirant Fubara Dagogo, who is contesting his exclusion from the party's national convention election.

Judge Joyce Abdulmalik presided over the case and has scheduled a hearing for 24 April, where all pending motions will be reviewed, including the preliminary objection brought forth by APC.

Information from the News Agency of Nigeria (NAN) indicates that Dagogo is seeking the court's intervention to annul any results from the national congress for the position of National Vice Chairman, South South, in which he claims he was unlawfully excluded despite being cleared and having paid for his expression of interest (EoI) and nomination forms.

During the proceedings, Dagogo’s attorney, Ogochukwu Onyema, informed the court about the inability to serve Mr. Yilwatda, Mr. Giadom (the national vice chairman), and Mr. Muitamma (the national organizing secretary), prompting the need for substituted service.

The court subsequently granted the request for substituted service, allowing the necessary documents to be served to the defendants through the court's direction.

Additionally, Dagogo's suit enumerates several demands, including an official declaration of his right to receive the relevant documents for candidacy as National Vice Chairman, South-South Nigeria, as well as general damages of N100 million against the named defendants due to alleged mental anguish caused by their actions.

In response, the APC filed a preliminary objection through their lawyer, Kayode Okunade, arguing for the dismissal of the case on grounds of jurisdiction, asserting that the matters in question pertain to the internal affairs of a political party, which they claim cannot be adjudicated by the courts.

Mr. Okunade maintained that Dagogo's complaints relate specifically to the conduct of internal elections and should first be attended to through the party’s internal conflict resolution mechanisms, claiming that the plaintiff lacks the standing to initiate the lawsuit due to not being recognized as a legitimate aspirant under APC's regulations.

The judge’s ruling to permit substituted service represents a noteworthy development in this ongoing legal dispute, emphasizing the complexities of party politics and internal elections in Nigeria.

Both parties are now waiting for the next court date, where further conclusions will be drawn based on the merits of Dagogo’s claims and the APC’s counterarguments.