Adedayo Akinwale in Abuja
The All Progressives Congress (APC) has kicked an order of the Federal High court granted to the Presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar to serve court processes on President Bola Tinubu through the party’s national secretariat.
The ruling party in a letter dated September 22, 2026 and addressed to the Deputy Chief Registrar of the Federal High Court in a case presided over by Justice I.E. Ekwo described the ex parte application for substituted service as unnecessary and misleading.
In the suit marked FHC/ABJ/CS/1888/2026, Atiku and his co-plaintiff instituted an action against President Bola Tinubu, the APC, and the Independent National Electoral Commission (INEC) as 1st, 2nd, and 3rd defendants, respectively.
The letter signed by the APC National Secretary, Senator Ajibola Basiru revealed that Tinubu’s legal team had already filed and served his defence on Atiku’s counsel before the order was moved.
He cautioned the court against allowing its processes to be abusively employed for media propaganda and public harassment.
Basiru recalled that when the matter was listed on September 1, 2026, President Tinubu’s counsel, Mr. Omosanya Popoola, SAN, appeared in court and expressed readiness to accept service of the court processes on behalf of the President, but Atiku’s legal counsel objected to the request.
He stressed that on the further instruction of the President, his lead counsel, Chief Wole Olanipekun, SAN, formally wrote the Court on 10th September, 2026, to the effect that the first Defendant has instructed him/his legal team to collect the originating processes filed by the Plaintiffs on his behalf, and also obtain Certified True Copies of same,
The party’s scribe stressed that the President’s legal team formally obtained and paid for Certified True Copies on September 11, 2026, after which they filed a Preliminary Objection on September 14 and a comprehensive defence alongside a written address on September 15.
The party stressed that it lacks the legal mandate to receive court processes on behalf of the President.
Basiru added: “Both the Preliminary Objection and the defence filed by President Bola Ahmed Tinubu, GCFR’s counsel were served on the Plaintiffs’ counsel on 14th and 15th September, 2026 respectively, and his office duly acknowledged receipt of service.”
“In addition, the APC does not have the consent or authority of President Bola Ahmed Tinubu, GCFR, to receive any processes in this matter on his behalf, as he has engaged the services of counsel of his choice to represent him in the matter. This fact is known to the Plaintiffs’ counsel.”
The party expressed worry that despite these steps, counsel representing Atiku went ahead on September 16, 2026, to move an ex parte application for substituted service through the APC without disclosing to Justice Ekwo that the President had already served his defence.