The Federal High Court, Abuja Division, on Monday granted an order for substituted service of court processes on Ireti Kingibe, the lawmaker representing the Federal Capital Territory (FCT) senatorial district on the platform of the African Democratic Party (ADC).
Justice Salim Ibrahim gave the following motion ex parte, moved by the plaintiff’s lawyer, Moses Awuru, to the effect.
Mr Awuru, who said all efforts to serve Mrs Kingibe were unsuccessful, said their application sought an order serving the senator by substituted means through her legislative aide.
He said the motion was filed on June 26 and prayed the court to grant their application.
Justice Ibrahim consequently granted the motion ex parte and adjourned the matter until July 21 for further mention.
While the ADC was represented in court by Mohammed Ishaq, the Independent National Electoral Commission (INEC) had no legal representation.
The plaintiff, Mubarak Tijani, has prayed the court to nullify the purported result of the FCT Senatorial primary election that produced Mrs Kingibe as the ADC candidate for the 2027 poll.
Mr Tijani, an aggrieved aspirant, in a suit filed by his lawyer, Kolawole Olowookere, SAN, also urged the court to restrain ADC from forwarding Kingibe’s name as the party’s candidate to the INEC.
The aspirant further sought an order, restraining INEC from accepting, recognising and publishing Mrs Kingibe’s name as ADC candidate, arising from the purported primary election of May 21.
The plaintiff stated that the primary poll allegedly held on May 21 was not in compliance with the Electoral Act, 2026 and the ADC’s Constitution and Guidelines for the conduct of primary elections for the nomination of candidates for the 2027 general elections.
He, therefore, urged the court to declare the poll unconstitutional, unlawful, invalid, and null and void.
Besides, he sought an order directing the party to conduct a fresh, transparent and lawful primary election for the FCT senatorial district in strict compliance with the Electoral Act, the party’s constitution and all applicable guidelines under INEC’s supervision.
Mr Tijani, in the originating summons filed on June 4, named Mrs Kingibe, ADC and INEC as the first to third defendants, respectively, in the suit marked: FHC/ABJ/CS/1170/2026.
In the affidavit in support of the application, deposed to by the plaintiff himself, he stated that he is a registered member of the ADC and a registered voter.
He said he was aware that in preparation for the 2027 general election, INEC released its timetable for the conduct of primary elections of all the political parties intending to sponsor candidates for the state’s houses of assembly, National Assembly, governorship, and presidential elections.
He said the electoral umpire directed the parties to submit the names of their candidates by May 30.
Mr Tijani said after the ADC commenced the sale of forms for interested aspirants for its primary elections, preparatory to the 2027 general elections, he purchased the Expression of Interest and Nomination Forms and was duly screened and cleared to participate in the primary election.
“Following my clearance, I actively campaigned and consulted with delegates and party stakeholders across the Federal Capital Territory,” he said.
He said in line with the congress guidelines, the party fixed May 21 for the poll.
According to him, the said date and venue arrangements for the primary election were communicated to party members, aspirants, their supporters, and the third defendant (INEC).
He said prior to the scheduled primary election, party members were duly accredited and expected to vote for their preferred aspirants.
‘On the 21st May, 2026, I personally attended the designated venue for the conduct of the primary election.
“The election materials required for the conduct of the primary election were not deployed to the designated venues.
“I know that the aspirants, party members and supporters waited for several hours in anticipation of the commencement of voting.
“I know as a fact that no accreditation or voting exercise was conducted at the designated venue.
“I know that no aspirant nor party members were afforded the opportunity to cast his or their vote for any aspirant,” he said.
Mr Tijani said he later became aware that certain officials and electoral materials intended for the conduct of the primary election were diverted from the approved venue.
He alleged that the said officials and materials were taken to a private location in Gudu, Abuja, at a property belonging to Mrs Kingibe, which was not one of the approved venues communicated to aspirants and stakeholders.
According to him, no lawful voting exercise involving aspirants, party members, or supporters was conducted at the said location.
“I later discovered that results were being surreptitiously collated at the premises of the first defendant notwithstanding the fact that no primary election took place,” he said.
The aggrieved aspirant said that, notwithstanding the absence of voting by delegates, a purported result of the primary election subsequently emerged, declaring Mrs Kingibe the winner of the poll.
‘I know as a fact that the purported result did not emanate from any voting process known to me or witnessed by party members who assembled for the exercise,” he said.
He said this had deprived him of the opportunity of participating in a free, fair and transparent primary election.
Mr Tijani alleged that Mrs Kingibe and the ADC’s conduct was contrary to the provisions of the Electoral Act, 2026, the party’s guidelines and constitution regulating the conduct of party primaries.
He said he equally exercised his right of appeal to the party’s appeal committee, but the committee failed, refused, and neglected to consider the appeal.
He said that unless the court intervenes, the defendants would continue to rely on the fabricated result to the detriment of his rights and the democratic rights of party members and supporters who were denied the opportunity to vote.
He said it would be in the interest of justice, fairness, and the rule of law for the reliefs sought to be granted.
(NAN)
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