A Federal High Court in Lokoja, Kogi State, has ordered substituted service of hearing notices on two individuals involved in the ongoing recall effort against Senator Natasha Akpoti-Uduaghan, the representative for Kogi Central Senatorial District.
Justice Isa Dashen granted the ex parte motion on Thursday following a request by the plaintiffs’ legal team, led by Ehiogie West-Idahosa (SAN) and represented in court by Smart Nwachimere.
The case stems from a March 20 ex parte motion filed by plaintiffs Anebe Jacob-Ogirima, John Adebisi, Musa Siyaka-Adeiza, Ahmed Usman, and Maleek Yahaya. The motion initially barred the Independent National Electoral Commission (INEC) from accepting any recall petition against Senator Akpoti-Uduaghan.
However, on March 24, INEC successfully filed an application to vacate the earlier order, arguing that no court or individual could obstruct the agency from fulfilling its constitutional mandate. On the same day, a group of constituents submitted a formal petition to recall the senator, citing alleged misconduct in the National Assembly.
Although INEC reviewed the petition and declared it incompetent and null, the plaintiffs pursued their case further. They added Salihu Habib and Charity Omole—two individuals who allegedly signed the recall petition—as new defendants.
At the hearing, Nwachimere told the court that efforts to serve Habib and Omole with the originating summons and hearing notices had been unsuccessful. This led to the request for substituted service, a legal procedure used when direct service is impractical or impossible.
Justice Dashen granted the application, allowing the plaintiffs to serve the hearing notices through alternative means. This move enables the court to proceed with the matter despite the defendants’ elusive status.
The development adds another layer to the politically sensitive case, which has generated interest across Kogi State and beyond. With INEC already having dismissed the recall petition, the legal tussle appears now focused on the legitimacy of the signatories and the rightful process surrounding the attempted recall.
Observers view this as a test of how Nigeria’s legal and electoral institutions handle politically motivated recall efforts, especially against high-profile lawmakers like Senator Akpoti-Uduaghan.
The case is expected to resume in the coming weeks, with substituted service now paving the way for a fuller hearing on the merits.
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