Federal Court Grants Substituted Service on APC Chairman

A Federal High Court in Jalingo, the capital of Taraba State, has granted an order for substituted service on Alhaji Abubakar Bawa, the state chairman of the All Progressives Congress (APC). The decision, issued on Wednesday, follows the plaintiff’s repeated inability to serve the chairman with court documents in a suit challenging the results of the party’s recent state chairmanship primary.

The litigation was filed by Alhaji Abdulhadi Lau, one of the aspirants in the contested primary. Lau alleges that the primary was marred by irregularities and that the APC leadership, including its state chairman, failed to provide a level playing field for all candidates. He seeks a declaration that the primary process was unlawful and an order for a fresh election.

During the hearing, counsel for the plaintiff, Mr Pius D. Pius, explained that the matter had been scheduled for a substantive hearing but could not proceed because the defendant could not be served. “Multiple attempts to serve the APC chairman personally were thwarted; the defendant consistently evaded service,” he told journalists after the session. Consequently, the plaintiff applied for substituted service, a procedural mechanism that allows court documents to be served in an alternative manner when personal service proves impossible.

The court accepted the application and ordered that the originating processes be posted at the APC secretariat in Jalingo. This form of service is intended to ensure that the defendant receives proper notice of the proceedings, thereby safeguarding the plaintiff’s right to a fair hearing.

Following the ruling, the court adjourned the case to 8 June 2026 for further hearing. The adjournment allows both parties time to prepare for the next stage, which is expected to focus on the substantive issues surrounding the primary election.

The order for substituted service marks a procedural milestone in the dispute. By securing proper notice, the court strives to prevent delays that could arise from procedural defaults and to keep the litigation on track. The outcome of the case could have broader implications for internal party democracy within the APC, particularly in the conduct of primary elections across Nigeria’s states.

Stakeholders, including political observers and party members, will be watching the upcoming June hearing closely. The decision will determine whether the court finds merit in Lau’s allegations of irregularities and whether it will mandate remedial action, such as a rerun of the primary. Until then, the court’s procedural order ensures that the matter proceeds without further postponement.

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