Court orders substituted service on Yilwatda, others in suit against APC convention

*Fubara Dagogo, an aspirant for the position of National Vice-Chairman, South South Nigeria, of the All Progressives Congress, has filed a suit to challenge his alleged physical exclusion from the party’s recent national convention election held in Abuja

Alexander Davis | ConsumerConnect

The Federal High Court, in Abuja, FCT, ordered a substituted service of legal documents for Prof. Nentawe Yilwatda, National Chairman, All Progressives Congress (APC), and others over the recent national convention of the governing party, held March 27-28, 2026, in Abuja.

Mr. Fubara Dagogo, an aspirant, had filed a suit suit March 23, 2026, marked FHC/ABJ/CS/591/2026, to challenge his exclusion from the party’s national convention election.

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Judge Joyce Abdulmalik, who gave the order, adjourned the matter until April 24 for the hearing of all pending applications, including the preliminary objection filed by the APC.

Dagogo had prayed the court, in his suit, to nullify the outcome of the party’s last national congress, for the position of National Vice-Chairman, South South, without his physical participation in the convention.

The plaintiff also urged the Judge to determine whether there could be a legitimate zonal congress for South-South APC with his alleged unlawful exclusion after he was duly cleared and paid for his Expression of Interest (EoI) and nomination forms before the convention.

The plaintiff, through his lawyer, Ogochukwu Onyema, named APC and Prof. Yilwatda, who was re-elected the National Chairman at the party’s convention as defendants.

Other defendants sued by Dagogo are Victor Giadom, National Vice-Chairman of APC, South South, and Sulaiman Muitamma, APC’s National Organising Secretary.

Mr. Dagogo, therefore, put forward six prayers in his suit, asking the court to declare that by virtue of APC’s Payment Acknowledgment Receipt No. 26827 dated 13 March, and issued to him, he is entitled to be issued with the requisite Expression of Interest and nomination forms as an aspirant for the position of the APC National Vice-Chairman, in South-South Nigeria.

He equally urged the court to award general damages of N100 million against Mr. Giadom, the party’s National Vice-Chairman, South-South, and Sulaiman Muitamma, APC’s National Organising Secretary, both sued as the 3rd and 4th defendants, for “the discomfitures, embarrassments and mental torture, they occasioned to him with their ill conduct.”

APC counsel urges court to dismiss suit over jurisdiction

However, the APC, in a preliminary objection filed by Kayode Okunade, its counsel, urged the court to strike out or dismiss the suit for want of jurisdiction, agency report said.

Okunade prayed the court for an order striking out Dagogo’s as incompetent.

The political party’s lawyer, in his eight-ground argument, said the subject matter of the suit bordered on the internal affairs of a political party, which is non-justiciable and outside the jurisdiction of the court.

According to the defence counsel, Dagogo’s complaint, relating to non-issuance of nomination form despite payment, concerns the conduct of party congresses and pre-primary processes, which are within the exclusive domestic jurisdiction of APC.

Okunade further argued that the applicant lacked the locus standi to institute the action, having not been duly recognised as a valid aspirant in accordance with the party’s constitution and guidelines.

The suit is premature, as, in his view, the applicant failed to exhaust the internal dispute resolution mechanisms provided under the party’s constitution, stated the counsel.

The lawyer, who said the suit constitutes an abuse of court process, aimed at inviting the court to interfere with the discretionary powers of a political party, as well contended that Dagogo had not disclosed any reasonable cause of action against the respondents.

It is noted that the Monday’s hearing, Mr. Onyema informed the court of their inability to serve Mr. Yilwatda, Mr. Giadom and Mr. Muitamma, necessitating the motion ex-parte for substituted service.

After moving the motion, the Judge granted the applicant’s prayer for substituted service of all processes, including the originating summons, on Yilwatda, Giadom and Muitamma.

The Judge also ordered that hearing notices be issued and served on the three defendants to ensure all parties appear in court for the next sitting.

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