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The Federal High Court in Abuja has granted leave to a governorship aspirant on the platform of the African Democratic Congress (ADC), Hon. Joseph Waya, to serve court processes on the party, the Independent National Electoral Commission (INEC), and other defendants through substituted means in his suit challenging the conduct of the party’s Benue State governorship primary election.
Justice I. E. Ekwo made the order on Friday while ruling on an ex parte application in Suit No. FHC/ABJ/CS/1217/2026, clearing the way for the substantive matter to proceed once all parties have been properly notified.
The application sought leave to serve the African Democratic Congress (ADC), the Independent National Electoral Commission (INEC), and Barr. Herman Hembe and Hon. Adejoh Peter, through alternative means, after the plaintiff requested the court’s intervention to facilitate service of the originating processes.
In his ruling, Justice Ekwo directed that the originating summons, supporting affidavit, exhibits and all accompanying court processes be served on the ADC through its National Publicity Secretary or any principal officer at the party’s national headquarters.
The court further ordered that Barr. Herman Hembe and Hon. Adejoh Peter should be served through the ADC National Secretariat, while INEC should be served through its Chairman or any principal officer at the Commission’s headquarters in Maitama, Abuja.
Justice Ekwo held that once the documents are served in the manner directed by the court, “such service would constitute proper and sufficient service on all the defendants.”
The judge, however, reserved ruling on Waya’s application seeking to abridge the time within which the defendants should file their responses until all parties have been duly served and are before the court.
Following the ruling, the matter was adjourned until July 13, 2026, for mention. The enrolled order was subsequently issued and signed by the Assistant Chief Registrar of the court, Mrs. Chiamaka Ohojeh.
The suit stems from the ADC governorship primary conducted between May 22 and 24, 2026, which produced Barr. Herman Hembe as the party’s candidate for the forthcoming Benue State governorship election.
Waya is asking the court to declare the primary election null and void, arguing that it was conducted under a party structure established through congresses that had earlier been nullified by the Federal High Court in a judgment delivered on April 29, 2026.
According to the plaintiff, the ADC Constitution recognises only a State Congress anchored on a duly elected State Executive Committee as the competent organ to conduct a governorship primary.
He contends that the process which produced Hembe failed to comply with the party’s constitutional provisions and is therefore invalid.
In the alternative, Waya argues that Herman Hembe was not qualified to participate in the primary because he was allegedly serving a three-month suspension imposed by the Benue State Executive Committee on March 27, 2026, over alleged anti-party activities. He maintains that the suspension was never lifted through the party’s prescribed internal appeal mechanism.
The plaintiff also alleged several irregularities in the conduct of the primary, including the use of a membership register different from the one submitted to INEC, voting outside the approved timetable in some local government areas, unsigned result sheets, and the alleged improper constitution of the state electoral committee contrary to the party’s 2026 guidelines.
On the strength of these allegations, Waya is seeking orders nullifying the governorship primary and directing the conduct of a fresh exercise.
Alternatively, he is asking the court to declare him the lawful ADC governorship candidate on the basis that he secured the highest number of lawful votes after excluding the votes he contends were unlawfully cast.
He is also praying the court to restrain the ADC from forwarding Herman Hembe’s name to INEC and to prohibit the electoral commission from accepting, recognising or publishing his name as the party’s governorship candidate pending the determination of the substantive suit.
The ex parte application was argued by Abdulaziz E. Ibrahim, SAN, alongside Onome Ebietomire, Timipre Wolo, Suleiman A. Haruna, Nenbamun D. Longji and Nenrit B. Talson.
The latest development marks a procedural step in the legal contest over the ADC governorship primary, with the court expected to address the substantive issues after all parties have been duly served and have entered their appearances.
