Home » Court Grants Substituted Service in Akpoti-Uduaghan Recall Case

Court Grants Substituted Service in Akpoti-Uduaghan Recall Case

By Ayomide Otitoju

A Federal High Court in Lokoja has granted an application for substituted service of hearing notices on two individuals involved in the ongoing recall case between Senator Natasha Akpoti-Uduaghan and the Independent National Electoral Commission (INEC).

Justice Isa Dashen issued the order on Thursday following an ex parte motion filed by counsel to the plaintiffs, Ehiogie West-Idahosa, SAN.

The case stems from a March 20 ex parte order secured by plaintiffs Anebe Jacob-Ogirima, John Adebisi, Musa Siyaka-Adeiza, Ahmed Usman, and Maleek Yahaya, which temporarily barred INEC from receiving any recall petition against Senator Akpoti-Uduaghan. However, that order was vacated four days later after INEC successfully argued that it could not be restrained from carrying out its constitutional functions.

Following the court’s decision, a group of constituents from Kogi Central submitted a recall petition against the senator, citing alleged misconduct in the National Assembly. INEC, however, deemed the petition incompetent and declared it null and void.

Despite INEC’s stance, the plaintiffs proceeded with their legal challenge and included two new defendants, Salihu Habib and Charity Omole, identified as signatories to the recall petition.

At the resumed hearing, West-Idahosa’s representative, Smart Nwachimere, informed the court that the plaintiffs had filed an application to join the new defendants but were unable to serve them with the originating summons and hearing notices.

Granting the application for substituted service, Justice Dashen directed that the hearing notices be served through alternative means, ensuring the case can proceed without further delay.

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