The All Progressives Congress (APC) has formally rejected a Federal High Court order that would allow former Vice President Atiku Abubakar to serve legal documents on President Bola Tinubu through the party's national secretariat in Abuja.
In a letter dated Tuesday, September 22, 2026, and signed by the party's National Secretary, Senator Surajudeen Ajibola Basiru, the APC addressed the Deputy Chief Registrar of the Federal High Court, specifically raising concerns over proceedings in Court 6, presided over by Justice I.E. Ekwo. The party described the ex parte application for substituted service as unnecessary and misleading.
Background of the Legal Dispute
The letter was written in response to developments in suit FHC/ABJ/CS/1888/2026, in which Atiku Abubakar and a co-plaintiff filed an action naming President Tinubu as the first defendant, the APC as the second, and the Independent National Electoral Commission (INEC) as the third.
According to the APC, President Tinubu became aware of the suit through media reports and promptly engaged a legal team led by Chief Wole Olanipekun, SAN, to represent him. When the matter was first listed on September 1, 2026, the President's counsel, Mr. Omosanya Popoola, SAN, appeared in court and offered to accept service of the court processes, but Atiku's legal team objected.
President's Defence Already Filed
On September 10, 2026, Chief Olanipekun formally wrote to the court to confirm that the President had authorised his legal team to collect the originating processes and obtain Certified True Copies. Those copies were collected and paid for on September 11, 2026.
The President's team subsequently filed a Preliminary Objection on September 14, 2026, and a full defence alongside a written address on September 15, 2026. Basiru confirmed that both documents were served on the plaintiffs' counsel and that his office acknowledged receipt.
"Both the Preliminary Objection and the defence filed by President Bola Ahmed Tinubu, GCFR's counsel were served on the Plaintiffs' counsel on 14th and 15th September, 2026 respectively, and his office duly acknowledged receipt of service," Basiru said in the letter.
APC Warns Against Abuse of Court Process
Despite all of the above, Atiku's counsel appeared before Justice Ekwo on Wednesday, September 16, 2026, and moved an ex parte application for substituted service through the APC, without disclosing to the court that the President had already filed and served his defence, according to the party.
The APC stressed that it has no legal authority to receive court processes on the President's behalf and that Tinubu had not given the party any such consent.
"The APC does not have the consent or authority of President Bola Ahmed Tinubu, GCFR, to receive any processes in this matter on his behalf, as he has engaged the services of counsel of his choice to represent him in the matter. This fact is known to the Plaintiffs' counsel," the letter read.
The party cautioned the court against allowing its processes to be used for what it called media propaganda and public harassment, and confirmed that both the APC and President Tinubu have filed their respective defences and are ready to proceed when the case comes up for mention.
Earlier, Legit.ng reported that Senate President Godswill Akpabio declared that there is no vacancy in the Presidency, insisting that Tinubu remains in charge of Nigeria despite his absence from the country. Akpabio said this in Akwa Ibom State while dismissing concerns over Tinubu's continued stay in Europe and the simultaneous absence of the President and Vice President Kashim Shettima from Nigeria. The Senate President also rejected suggestions that he was acting President, saying Tinubu remained in power and continued to run the affairs of the country from abroad.
