APC Fires Back in Atiku Suit: Tinubu Service Unnecessary, Court Told

The All Progressives Congress (APC) has formally communicated to the Federal High Court, Abuja Judicial Division, that the exparte application for substituted service filed by former Vice President Atiku Abubakar and another against President Bola Tinubu was entirely unnecessary. This declaration, made in a letter dated September 22, 2026, and addressed to the Deputy Chief Registrar, Federal High Court, Abuja, pertains to Suit No: FHC/ABJ/CS/1888/2026, involving Atiku Abubakar & Anor V. Bola Ahmed Tinubu & Ors.

According to the APC, both the party and President Tinubu had already filed their respective defenses to the Plaintiffs' action and are fully prepared to prosecute the case. The party stated that it became aware of the substituted service order through media reports initiated by the Plaintiffs, despite not having been formally served with any Enrolled Order up to that point.

In its letter, signed by National Secretary Senator Surajudeen Ajibola Basiru, the APC affirmed its respect for all courts in the country and their orders. However, it also underscored its responsibility to inform the court when its processes are being abusively employed to harass the public or its members, particularly President Bola Ahmed Tinubu, who is the party's leader.

The APC detailed a timeline of events leading to its conclusion that the application for substituted service was redundant. The party confirmed, and President Tinubu himself corroborated, that the action against him and the Independent National Electoral Commission (INEC) (as 1st, 2nd, and 3rd defendants respectively) was instituted in August 2026. The 1st Plaintiff had even publicly announced the filing and personally deposed to the supporting affidavit.

While the 2nd and 3rd defendants were served, the Plaintiffs, for reasons unknown to the APC, failed or refused to serve President Tinubu. Despite this, upon learning of the suit through the press, President Tinubu promptly briefed his legal team, led by Chief Wole Olanipekun, CFR, SAN, to defend his interests.

The matter was subsequently listed on the cause list for September 1, 2026. During this session, Mr. Omosanya Popoola, SAN, a member of President Tinubu's legal team, appeared and expressed readiness to accept service of the processes on behalf of the President, having received instructions to do so. However, counsel for the Plaintiffs inexplicably objected to this straightforward request, leading to an adjournment to September 28, 2026, for mention.

Following further instructions from President Tinubu, Chief Wole Olanipekun, CFR, SAN, formally wrote to the Court on September 10, 2026. The letter informed the Court that President Tinubu's legal team was instructed to collect the originating processes and obtain Certified True Copies. The Court was also advised that President Tinubu had instructed his counsel to file his defense immediately after obtaining these documents.

Conforming to these steps, President Tinubu's counsel officially obtained and paid for the Certified True Copies of the processes on September 11, 2026. Subsequently, a Preliminary Objection to the processes was filed on September 14, 2026, followed by a comprehensive defense to the action, accompanied by a written address, on September 15, 2026. Both the Preliminary Objection and the defense were duly served on the Plaintiffs' counsel on September 14 and 15, 2026, respectively, with acknowledgments of receipt.

The APC highlighted that the application for substituted service, which was granted against President Tinubu through the party, was moved on September 16, 2026, by the Plaintiffs' counsel without bringing these crucial facts to the Court's attention, particularly that the 1st Defendant's defense had already been filed and served. The party also clarified that it does not possess the consent or authority from President Tinubu to receive any legal processes on his behalf, as he has engaged his chosen counsel for representation.

Based on this trajectory of events, the APC concluded its communication by reiterating that the exparte application for substituted service filed by the Plaintiffs was unnecessary. Both the APC and President Bola Ahmed Tinubu have submitted their defenses and are fully prepared to engage in the legal proceedings accordingly.