Federal High Court Orders Substituted Service In Recall Petition Case Against Natasha

A Federal High Court sitting in Lokoja has directed that hearing notices be served on two petitioners by substituted means in the ongoing case concerning the recall of Senator Natasha Akpoti-Uduaghan.

The order, issued by Justice Isa Dashen on Thursday, followed an ex parte motion filed by the plaintiffs through their counsel, Ehiogie West-Idahosa (SAN).

Naija News gathered that the plaintiffs, including ANEBE JACOB-OGIRIMA, JOHN ADEBISI, MUSA SIYAKA-ADEIZA, AHMED USMAN, and MALEEK YAHAYA, had initially obtained an ex parte order on March 20, preventing the Independent National Electoral Commission (INEC) from accepting any recall petition against Senator Akpoti-Uduaghan.

However, the court vacated this order on March 24 after INEC filed an application, stating that no party or institution could impede its constitutional duties.

On the same day, some constituents from Kogi Central Senatorial District presented their petition for the recall of Senator Akpoti-Uduaghan, which INEC declared incompetent and null and void.

Despite this, the plaintiffs have continued with the case, joining two additional petitioners, Salihu Habib and Charity Omole, as defendants.

In a plea before the court, counsel to the plaintiffs, Smart Nwachimere (representing West-Idahosa), explained the difficulties encountered in serving the two petitioners, Habib and Omole, with the originating summons and hearing notices.

“We have made several attempts to serve them personally, but it has been unsuccessful,” Nwachimere stated.

He further requested that the court permit substituted service on the two petitioners at their respective addresses, asking that this service be deemed proper once effected.

“The bailiff can attest to the fruitless efforts made in serving them personally. We are asking for your lordship’s permission to serve them by pasting the summons at their addresses,” he added.

INEC’s counsel, Abdullahi Aliyu-Ibrahim (SAN), represented by E.A. Osayemi, did not object to the motion, but emphasized that the electoral commission had already dismissed the recall petition, rendering the case moot.

“We see no reason why this matter should continue since the petition is no longer valid. We would suggest that the plaintiffs withdraw the case,” he stated.

After considering the arguments, Justice Dashen granted the application for substituted service on the petitioners, Habib and Omole. He ordered that they be served through this method and adjourned the case until May 8, 2025, for further hearing.