A Federal High Court sitting in Lokoja has granted an application for substituted service of court processes on two petitioners involved in the ongoing legal battle surrounding the attempted recall of Senator Natasha Akpoti-Uduaghan.
Justice Isa Dashen, in a ruling delivered on Thursday, approved the plaintiffs’ request to serve hearing notices on Salihu Habib and Charity Omole by pasting the documents at their known addresses. The decision followed an ex parte motion filed by the plaintiffs through their lead counsel, Ehiogie West-Idahosa (SAN), and argued by Smart Nwachimere.
“We have made multiple unsuccessful efforts to serve them personally,” Nwachimere told the court. “Given the circumstances, we are requesting your lordship’s approval to effect service by alternative means.”
He emphasized that the court bailiff had confirmed the difficulties in reaching the two petitioners, making substituted service the most viable option.
The case traces back to March 20, when the plaintiffs, Anebe Jacob-Ogirima, John Adebisi, Musa Siyaka-Adeiza, Ahmed Usman, and Maleek Yahaya — secured an interim injunction restraining the Independent National Electoral Commission (INEC) from processing any recall petition against Senator Akpoti-Uduaghan, who represents Kogi Central Senatorial District.
However, the court later vacated that order on March 24, following an application by INEC asserting that no individual or entity has the power to obstruct its constitutional responsibilities.
Interestingly, on the same day, a group of constituents from Kogi Central submitted a petition seeking Senator Akpoti-Uduaghan’s recall, but INEC dismissed the petition, declaring it “incompetent and null and void.”
Despite the electoral commission’s position, the plaintiffs have continued with the legal action and have now added the two petitioners, Habib and Omole, as additional defendants in the case.
INEC’s legal representative, E.A. Osayemi standing in for senior advocate Abdullahi Aliyu-Ibrahim did not oppose the motion for substituted service. However, he questioned the relevance of continuing the case.
“The recall petition in question has already been invalidated. We believe there’s no justification for this suit to proceed. It would be prudent for the plaintiffs to consider discontinuing the matter,” Osayemi told the court.
Justice Dashen, after reviewing the submissions, granted the motion and directed that hearing notices and relevant court documents be served on the newly joined defendants via substituted means.
The matter has been adjourned to May 8, 2025, for further proceedings.
