The All Progressives Congress (APC) has challenged a Federal High Court order allowing former Vice President Atiku Abubakar and the African Democratic Congress (ADC) to serve President Bola Tinubu with court documents through the party.
The APC said the order was unnecessary because Tinubu’s legal team had already obtained the court processes, filed his defence and served the plaintiffs’ lawyers before the order was granted.
The dispute is linked to Suit No. FHC/ABJ/CS/1888/2026, filed by Atiku and the ADC against Tinubu, the APC and the Independent National Electoral Commission (INEC).
The plaintiffs are asking the court to determine whether Tinubu is eligible to contest the 2027 presidential election over allegations concerning documents submitted to INEC, including an NYSC discharge certificate. The allegations have not been determined by the court.
In a letter dated September 22, 2026, APC National Secretary, Ajibola Basiru, told the Federal High Court in Abuja that Tinubu’s lawyers had already taken steps in the case before the substituted-service order.
The party said the legal team obtained Certified True Copies of the originating processes on September 11, filed a preliminary objection on September 14 and submitted Tinubu’s defence on September 15.
APC Questions Substituted Service Order
According to the APC, both the preliminary objection and defence were served on the plaintiffs’ counsel, who acknowledged receipt.
The party therefore asked why Atiku, and the ADC applied for substituted service on September 16 after Tinubu’s defence had already been filed and served.
The APC also said it had no authority from Tinubu to receive court processes on his behalf because the President had retained his own legal team.
“It is for the foregoing reasons that the APC wishes to inform the court that the ex parte application for substituted service filed by the plaintiffs was unnecessary,” the party said.
The Federal High Court had granted the substituted-service request after the plaintiffs said they had been unable to personally serve Tinubu with the originating processes.
Justice Inyang Ekwo consequently ordered that the documents be served on the President through the APC within seven days. The court had earlier adjourned the matter to September 28 for further proceedings.
The service dispute began during proceedings on September 1, when Tinubu’s lawyer, Omosanya Popoola, SAN, indicated that he was ready to accept the documents on the President’s behalf.
However, the plaintiffs’ lawyer declined the offer, leading to further steps to regularise service.
Case Returns To Court September 28
The APC said Tinubu and the party had already filed their respective responses and were ready to defend the case.
The suit seeks Tinubu’s disqualification from the 2027 presidential election. Atiku and the ADC allege that documents submitted to INEC raise questions about his eligibility.
Tinubu and the APC have disputed the allegations and asked the court to dismiss the case. INEC has also challenged the suit on legal grounds.
The Federal High Court has not ruled on the substantive allegations in the case.
Justice Ekwo is expected to hear further proceedings on September 28, when the parties will continue their legal arguments.
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