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Benue PDP v APC: Court orders substituted service on Akume, ex rep member, others 

By Peter Duru, Makurdi 

A Makurdi Federal High Court, presided over by Justice Abdu Dogo has ordered that court processes be served on the wife of the Minister of Special Duties and Inter-Governmental Affairs, Mrs. Regina Akume and others in a suit seeking to restrain the Independent National Electoral Commission, INEC, from accepting names of candidates from the All Progressives Congress, APC, for the 2023 general elections in Benue State. 

Justice Abdu Dogo ordered that court processes be served the respondents  through the State Secretariat of the APC in Makurdi, located at No.75 J.S Tarka Way, through the State  Secretary. 

Others to be served includes former federal lawmaker, Dickson Tarkighir, Arc. Asema Achado, Hon. Solomon Wombo, Hon. Sekav Iortyom, Lady Blessing Onuh, Adama Adama, Evang. David Ogewu, Hon. Godday Odagboyi, Sesoo Ikpgaher Gboko and two others. 

The order followed complaints by the plaintiff, the Peoples Democratic Party, PDP,  Hon John Dyegh, Hon Richard Gbande, Hon. Bob Tyough, Julius Atorough, and 7 others through their counsel, Clement Terra Mue, that the defendants had been evading service of court summons since they got wind of the suit. 

Justice Dogo thereafter adjourned the matter to July 21, 2022 for hearing of the substantive suit. 

In a similar but separate suit Justice Dogo also ordered that court processes be served on Mrs. Becky Orpin, Hon. Eric Adokwu, Hon.Thomas Dugeri, Hon. Douglas Akya, Dr. Ortese Yanmar, Jonathan Agbidyegh, and 27 others, who were State Assembly aspirants on the platform of APC. 

Justice Dogo after the order adjourned further hearing in the suit to July 21, 2022. 

The PDP National Assembly candidates,  Hon. Dyegh, Hon. Richard Gbande, Bob Tyough, Julius Atorough, and 7 others had instituted suit No. FHC/ABJ /CS/890/2022, 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 the name of Mrs. Regina Akume, Hon. Dickson Tarkighir, Hon. Solomon Wombo, Arc. Asema Achado and 8 other House of Representatives aspirants on the platform of the APC as House of Representatives candidates sponsored by the party for the 2023 general elections.” 

The PDP cited breach of mandatory statutory and constitutional provisions with respect to the direct primary conducted by the APC which produced the suspended priest as gubernatorial candidate of the APC for the 2023 general elections. 

The PDP is among other reliefs seeking an order of perpetual injunction, restraining INEC from accepting, recognizing or putting the name of any of the defendants as candidate sponsored by the APC for the House of Representatives election in Benue State in 2023.