Iheanacho Vs APC: Court Grants Motion For Substituted Service  

The Federal High Court of Nigeria in the Owerri judicial division has granted the motion ex -parte on substituted  service, requested by Counsel   to Chief Kingsley  Iheanacho of the Peoples Democratic party finance Committee, Oru East LGA of Imo State  (plaintiff),against the Dr. Macdonald Ebere, Chairman APC Party Imo State, the All Progressives Congress APC Party, H/E Senator Abdullahi Adamu, the National Chairman of APC Party, His Excellency Mai Mala Buni, Governor Yobe State and the former National Chairman Extraordinary Convention Committee of the APC, the Independent National Electoral Commission, the three Senatorial candidates,10 House of Representatives Candidate and the 27 House of Assembly candidates of the All Progressives Congress party in Imo State.

The case with suit number, FHC/OW/CS/87/22, was brought before the Honourable Court holden at Owerri by Counsel to  the Plaintiff, Kingsley Simon Ndukwe and Co (Legal Practitioners) on Thursday February 19,2023.                      The presiding Judge, Hon Justice B.O Quadric, granted the request of the Plaintiff for substituted means of service, which could be by sending the processes through DHL Courier services at the headquarters of the All Progressives Congress APC Party address  at No 40 Blantyre Street, Wuse 2, Abuja Nigeria.

The plaintiff, Chief Kingsley Iheanacho is seeking an injunction restraining the 3 Imo APC Senatorial candidates,10 House of Representatives candidates and 27 House of Assembly candidates from standing as candidates of APC in the forthcoming general election.              The Plaintiff is seeking the court to determine  whether the APC and His Excellency Mai Mala Buni governor of Yobe State and the then Chairman Extraordinary Convention Committee of the APC violated section 183 of the constitution of the federal republic of Nigeria 1990 as amended and section 82 (3) of the Electoral Act, 2022, by conducting the election that brought Senator Abdullahi Adamu as the National Chairman of the APC Party when he held dual Executive position as the Executive Governor of Yobe State.      Seemingly, the Plaintiff is seeking for a declaration that he Independent National Electoral Commission violated section 183 of the constitution of the federal republic of Nigeria as amended and section 82 (3) of the Electoral Act by publishing the names of the 40 APC Candidates to stand as candidates for the forthcoming election.

The matter has been adjourned to February 2.

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