A Federal High Court in Lokoja, Kogi State, on Thursday granted an order for substituted service of hearing notices on two individuals involved in the ongoing suit concerning the attempted recall of Senator Natasha Akpoti-Uduaghan.
Justice Isa Dashen issued the order after approving an ex parte application filed by the plaintiffs’ counsel, Dr. Ehiogie West-Idahosa, SAN, represented in court by Smart Nwachimere.
The plaintiffs—Anebe Jacob-Ogirima, John Adebisi, Musa Siyaka-Adeiza, Ahmed Usman, and Maleek Yahaya—had earlier obtained an interim injunction on March 20, preventing the Independent National Electoral Commission (INEC) from accepting any recall petition against Akpoti-Uduaghan.
However, that order was vacated on March 24 following INEC’s application, which argued that no person or entity could restrain it from performing its constitutional duties.
On the same day, constituents from Kogi Central Senatorial District submitted a petition seeking Akpoti-Uduaghan’s recall from the National Assembly.
Though INEC later dismissed the petition as incompetent and invalid, the plaintiffs continued with their suit and sought to join two petition signatories—Salihu Habib and Charity Omole—as defendants.
Counsel for the plaintiffs informed the court that multiple attempts to serve both Habib and Omole personally had failed, prompting the application for substituted service.
“We have made several efforts to serve them personally, but all attempts have been unsuccessful,” Nwachimere told the court.
“We are requesting leave to serve the motion for joinder and accompanying documents at their last known addresses via substituted service, specifically by pasting the documents.”
INEC’s counsel, E.A. Osayemi, representing Abdullahi Aliyu-Ibrahim, SAN, raised no objections.
He stated that INEC had already dismissed the recall petition and had no further interest in the case, suggesting the matter should ideally be withdrawn.
After hearing both sides, Justice Dashen granted the application and ordered that Habib and Omole be served through substituted means.
The case was adjourned to May 8 for further hearing.
