A Federal High Court in Abuja has authorised substituted service of court documents on Prof. Nentawe Yilwatda, the National Chairman of the All Progressives Congress (APC), and other party officials in a suit challenging the party’s convention process.
The order was issued by Justice Joyce Abdulmalik following an application by the plaintiff, Fubara Dagogo, who is contesting his exclusion from the party’s national convention election.
The court subsequently adjourned the case to April 24 to hear pending applications, including a preliminary objection filed by the APC.
Dagogo, an aspirant for the position of APC National Vice Chairman (South-South), is asking the court to invalidate any outcome of the party’s zonal congress conducted without his participation.
He claims he was unfairly excluded despite fulfilling requirements, including payment for Expression of Interest (EoI) and nomination forms.
In the suit, Dagogo, through his counsel Chief Ogochukwu Onyema, listed the APC, Prof. Yilwatda, Victor Giadom, and Sulaiman Muitamma as defendants.
He is also seeking N100 million in damages, alleging emotional distress and reputational harm caused by his exclusion.
However, the APC has challenged the suit, arguing that the matter falls within the internal affairs of the party and is therefore outside the court’s jurisdiction.
The party’s lawyer, Kayode Okunade, maintained that issues relating to party primaries and internal processes are not justiciable.
He further argued that Dagogo lacks the legal standing to file the case and failed to exhaust internal dispute resolution mechanisms before approaching the court.
During proceedings, the plaintiff’s counsel informed the court that efforts to serve some of the defendants directly were unsuccessful.
This prompted an application for substituted service, which the court granted, allowing legal documents to be served through alternative means.
Justice Abdulmalik also directed that hearing notices be served on all defendants to ensure their appearance at the next sitting.
The case is expected to test the boundaries between judicial intervention and political party autonomy ahead of the APC’s national convention.
