By John Azu
A Federal High Court in Abuja has granted applications for the substituted service of court processes on Senator Ireti Kingibe of the Federal Capital Territory (FCT) and Senator Ahmed Lawan of Yobe North Senatorial District in separate suits challenging their respective senatorial primary elections.
Justice Salim Ibrahim made the orders on Monday in the two cases, directing that the court processes be served through substituted means after the applicants informed the court that all efforts to effect personal service on the serving senators had proved unsuccessful.
In the first suit, arising from the African Democratic Congress (ADC) FCT senatorial primary, counsel to the plaintiff, Mubarak Tijani, Kolawole Olowookere (SAN) and Moses Awuru, moved an ex parte application seeking leave for substituted service on Senator Kingibe.
Similarly, in the second suit, counsel to Hassan Kafayos, Francis Mgboh, filed an ex parte application seeking substituted service on Senator Lawan in a case challenging the conduct of the All Progressives Congress (APC) senatorial primary for Yobe North.
The lawyers told the court that repeated attempts to personally serve the senators with the court processes had been unsuccessful.
In his originating summons, Tijani alleged that the ADC FCT senatorial primary was marred by irregularities despite the fact that he purchased the party’s expression of interest and nomination forms and was duly screened and cleared to participate in the primary election.
On his part, Kafayos contended that he was unlawfully excluded from the APC senatorial primary held on May 18 for the Yobe North seat without any justifiable reason.
He argued that his exclusion violated his constitutional rights under Section 42 of the 1999 Constitution, as well as Sections 85, 86 and 87 of the Electoral Act, 2026, and Articles 2, 9.3 and 20 of the APC Constitution and guidelines.
Kafayos joined the APC, its National Chairman, Senator Ahmed Lawan and the Independent National Electoral Commission (INEC) as defendants in the suit.
After granting the applications for substituted service, Justice Ibrahim adjourned both matters until July 21 for further mention.