Benue APC crisis: Court orders substituted service on Fr Alia, others

By David Mzer

A Federal High Court, Abuja, Tuesday ordered that court processes be served on Rev. Father Hyacinth Alia and others in a suit seeking to restrain the Independent National Electoral Commission, INEC, from accepting names of candidates sent to it by the All Progressives Congress, APC, for the 2023 elections in Benue State.

Justice Emeka Nwite ordered that court processes be served on the suspended priest through the State Secretariat of the APC in Makurdi, located on J.S Tarka Way, through the State Secretary.

Others who are also affected by the order of substituted service are: Mathias Byuan, Sen. Barnabas Gemade, Chief Mike Aondoakaa, Prof. Terhemba Shija, Dr. Terlumun Ikya, Hon. Terwase Orbunde, ESV. Godwin Tyoachimin, Rt. Hon. Herman Hembe, Chief Stephen Lawani, Dr. Sam Ode, Mr. Anyom Mlanga and Mr Bernard Yisa.

The order followed complaints by the plaintiff in the matter, Peoples Democratic Party, PDP, and Rt. Hon Titus Uba, through their counsel, Chief Sebastine Hon, SAN, Douglas Pepe, SAN, Harri Ogbole, SAN, Andrew Wombo, Samuel Irabor and others that the respondents had been evading service of court summons since they got wind of the suit.
The Judge consequently adjourned the matter to August 1,2022 for hearing of the substantive suit.

Still in the same court, in a sister case, Justice Nwite ordered that court processes be served on Titus Zam, Bishop Sam, Chief Terlumun Akputu, Comrade Daniel Onje, Emmanuel Udende, Dr. Torngee Malu, David Awunah, Benjamin Adanyi, and four others, who were Senatorial aspirants on the platform of the APC in Benue state.

He accordingly adjourned the suit to August 1,2022.
The PDP and Rt. Hon Uba instituted suit No. FHC/ABJ /CS/826/2022, seeking a determination by the court whether by a combined interpretation of sections 77(2) and (3),82(1),(2) and (5);84(1), (4)(a)-(c) and (13) of the Electoral Act 2022 and sections 177(c) and 285(14) (c) of the 1999 Constitution, as amended, INEC is not under duty and can be compelled by the court to reject, refuse to accept, refuse to recognize, publish on the ballot paper, the name of Rev. Alia or any of the governorship aspirants on the platform of the party as its governorship candidate for the 2023 elections.

The PDP cited breach of mandatory statutory and constitutional provisions with respect to the direct primary conducted by the APC which purportedly produced the suspended priest as gubernatorial candidate of the APC.
The PDP is seeking an order of perpetual injunction restraining INEC from accepting, recognizing or putting the name of any of the defendants on the ballot paper as candidate sponsored by the APC for the 2023 governorship election in Benue State, amongst other reliefs.