The order was granted by Joyce Abdulmalik following an ex-parte application filed by counsel to the plaintiff, Ogochukwu Onyema.
The court subsequently adjourned hearing on all pending applications, including a preliminary objection raised by the APC, till April 24.
The suit was instituted by Fubara Dagogo, an aspirant for the office of National Vice Chairman, South-South, who is asking the court to invalidate any outcome of the party’s convention process that excluded him from the contest.
Dagogo maintained that he was duly screened and had paid for both expression of interest and nomination forms, but was allegedly denied participation in the exercise.
Aside from APC and Yilwatda, those joined in the suit are Victor Giadom, National Vice Chairman, South-South, and Sulaiman Muitamma, National Organising Secretary of the party.
The plaintiff is seeking a declaration that, based on APC Payment Acknowledgment Receipt No. 26827 dated March 13, he is entitled to obtain the necessary nomination documents for the office he seeks.
He is also demanding N100 million as general damages against Giadom and Muitamma over what he described as humiliation, mental stress and embarrassment suffered as a result of their actions.
However, APC, through its counsel, Kayode Okunade, filed a preliminary objection challenging the competence of the suit.
The party argued that matters relating to congresses, conventions and pre-primary activities remain internal affairs beyond judicial interference.
It further contended that the plaintiff failed to exhaust the party’s internal dispute resolution channels before approaching the court, insisting that the action is premature, incompetent and amounts to abuse of court process.
At Monday’s proceedings, plaintiff’s counsel informed the court that the defendants could not be personally served, prompting the request for substituted service.
Granting the application, the court ordered that all originating processes and hearing notices be served on the defendants through substituted means to ensure their appearance at the next adjourned date.
The matter was thereafter fixed for April 24 for further hearing.
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