The Federal High Court in Abuja has granted leave to a governorship aspirant on the platform of the African Democratic Congress (ADC), Joseph Waya, to serve court processes on key defendants through substituted means in his suit challenging the party’s Benue State governorship primary.
Justice I.E. Ekwo made the order on Friday while ruling on an ex parte application in Suit No. FHC/ABJ/CS/1217/2026.
The application sought leave to serve the African Democratic Congress (ADC), the Independent National Electoral Commission (INEC), Barr. Herman Hembe and Hon. Adejoh Peter through alternative means to enable the matter to proceed.
The court directed that the originating summons, supporting affidavit, exhibits and other accompanying processes be served on the ADC through its National Publicity Secretary or any principal officer at the party’s national headquarters.
It also ordered that Barr. Herman Hembe and Hon. Adejoh Peter be served through the ADC National Secretariat, while INEC should be served through its Chairman or any principal officer at its headquarters in Maitama, Abuja.
Justice Ekwo held that once the processes are served in the manner directed, 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 are properly before the court.
Following the ruling, the court adjourned the matter until July 13, 2026, for mention. The enrolled order was later issued and signed by the Assistant Chief Registrar of the court, Mrs. Chiamaka Ohojeh.
The suit arose from the ADC governorship primary conducted between May 22 and 24, 2026, which produced Barr. Herman Hembe as the party’s candidate for the Benue State governorship election scheduled for later this year.
Waya is asking the court to declare the primary election null and void, contending that it was conducted by 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 argues that the exercise that produced Hembe did not comply with those constitutional provisions and should, therefore, be set aside.
In the alternative, Waya maintains 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 argued that the suspension was never lifted through the party’s internal appeal process.
The plaintiff also accused the organisers of the primary of several irregularities, 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 improper constitution of the state electoral committee, contrary to the party’s 2026 guidelines.
Based on the alleged irregularities, Waya is seeking orders nullifying the primary and directing the conduct of a fresh exercise.
In the alternative, he wants the court to declare him the lawful ADC governorship candidate on the grounds that he scored the highest number of lawful votes after discountenancing the disputed votes.
He is also praying the court to restrain the ADC from forwarding Herman Hembe’s name to INEC and to stop 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.
