Court Drama: Fubara Triumphs In Suit Against APC Top Brass

A Federal High Court in Abuja has granted an order for substituted service of court documents on the National Chairman of the All Progressives Congress (APC), Nentawe Yilwatda, and other party officials in a suit challenging an alleged exclusion from the party’s national convention election.

The order was issued on Monday by Justice Joyce Abdulmalik following an ex-parte application filed by the plaintiff’s counsel, Ogochukwu Onyema.

The court subsequently adjourned all pending applications in the case, including a preliminary objection filed by the APC, to April 24.

The suit was filed by Fubara Dagogo, an aspirant for the position of APC National Vice Chairman (South-South).

Dagogo is asking the court to invalidate any outcome of the party’s national congress that excluded him from participating in the election. He alleged that despite being duly cleared and having paid for both the expression of interest and nomination forms, he was barred from contesting.

He named the APC and its National Chairman, Nentawe Yilwatda, as defendants in the suit.

Other respondents include Victor Giadom, APC National Vice Chairman (South-South), and Sulaiman Muitamma, APC National Organising Secretary.

The plaintiff is also seeking a declaration that, based on the APC Payment Acknowledgment Receipt No. 26827 dated March 13, he is entitled to the party’s nomination and expression of interest forms for the position. Additionally, he is demanding ₦100 million in damages, claiming that the actions of the party officials caused him emotional distress and embarrassment.

In response, the APC, through its counsel Kayode Okunade, filed a preliminary objection urging the court to dismiss the case for lack of jurisdiction. The party argued that internal party matters, including congresses and pre-primary processes, fall strictly within the party’s control.

The APC also contended that the suit was premature, as the plaintiff had not exhausted the party’s internal dispute resolution mechanisms. It further argued that Dagogo lacked the legal standing to file the case and described the suit as an abuse of court process.

During Monday’s proceedings, Onyema informed the court that attempts to serve the defendants were unsuccessful, leading to the request for substituted service, which the judge approved.

Justice Abdulmalik directed that all court documents, including the originating summons, be served on Yilwatda, Giadom, and Muitamma, and ordered that hearing notices for the next sitting be properly delivered to ensure their appearance.

The case has been adjourned to April 24 for further hearing.