A Federal High Court sitting in Lokoja has granted permission for substituted service of court documents on two individuals listed as petitioners in a suit concerning the attempted recall of Senator Natasha Akpoti-Uduaghan.
Justice Isa Dashen issued the directive on Thursday after approving a motion ex parte filed by the plaintiffs’ legal team, led by Senior Advocate of Nigeria (SAN), Dr. Ehiogie West-Idahosa.
The plaintiffs—Anebe Jacob-Ogirima, John Adebisi, Musa Siyaka-Adeiza, Ahmed Usman, and Maleek Yahaya—had earlier secured an interim injunction on March 20, restraining the Independent National Electoral Commission (INEC) from accepting any recall petition against the senator.
However, the same court vacated the restraining order on March 24 following an application from INEC, which argued that no party had the authority to impede its constitutional functions.
Coincidentally, that same day, a group of constituents from Kogi Central Senatorial District submitted a recall petition targeting Senator Akpoti-Uduaghan. Though INEC later dismissed the petition as “incompetent, null and void,” the plaintiffs persisted with their legal challenge, adding two of the petitioners—Salihu Habib and Charity Omole—as co-defendants in the matter.
Representing West-Idahosa in court, counsel Smart Nwachimere informed the judge that attempts to personally serve the two new defendants had been unsuccessful.
“My lord, we have an application seeking for an order to serve both Habib and Omole but failed to serve them personally,” he said.“The bailiff of this court can testify to the fruitless efforts made to serve them personally. Therefore, we hope your lordship will consider our application and grant as prayed.”
He requested:“An order of this honourable Court granting leave to Plaintiffs/Applicants to serve the Motion for Joinder and accompanying documents including the Originating Summons in this suit on Habib and Omole at their various addresses.“An order of this Honourable Court deeming the said substituted service of pasting as proper service when effected, assessed fees having been paid.”
INEC’s counsel, Mr. Abdullahi Aliyu-Ibrahim, SAN—represented in court by Mr. E.A. Osayemi—raised no objection to the motion.
“My Lord we are not objecting because it has nothing to do with us,” Osayemi told the court.“INEC has thrown out that petition which brought about this case and as such we see no reason why this matter should continue. Left for us, they should just withdraw the case since the petition filed before us is dead already.”
Following these submissions, Justice Dashen granted the application and ruled that substituted service be used to notify the two petitioners. The case was adjourned to May 8 for further proceedings.