Court Grants Waya Leave to Serve ADC, INEC in Benue Governorship Primary Suit
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The Federal High Court in Abuja has granted a governorship aspirant of the African Democratic Congress (ADC), Hon. Joseph Waya, permission to serve court documents on the party, the Independent National Electoral Commission (INEC), and other defendants through substituted means in his legal challenge against the party’s Benue State governorship primary election.
Justice I. E. Ekwo gave the order on Friday while ruling on an ex parte application in Suit No. FHC/ABJ/CS/1217/2026. The decision clears the way for the case to proceed once all parties have been properly served.
The court directed that the originating summons, supporting affidavit, exhibits, and other court processes be served on the ADC through its National Publicity Secretary or any principal officer at the party’s national headquarters. Barr. Herman Hembe and Hon. Adejoh Peter are also to be served through the ADC National Secretariat, while INEC will receive the documents through its Chairman or any principal officer at its headquarters in Maitama, Abuja.
Justice Ekwo ruled that service carried out in the manner approved by the court would be regarded as valid and sufficient. However, the judge reserved ruling on Waya’s request to shorten the time for the defendants to file their responses until all parties have been served.
The matter was subsequently adjourned to July 13, 2026, for mention.
Waya is challenging the outcome of 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.
The plaintiff is asking the court to nullify the primary, arguing that it was conducted under a party structure that had earlier been invalidated by a Federal High Court judgment delivered on April 29, 2026. He also contends that the process violated the ADC Constitution, which, according to him, empowers only a duly elected State Executive Committee to conduct a governorship primary.
In addition, Waya claims Hembe was not qualified to contest the primary because he was allegedly serving a three-month suspension imposed by the Benue State Executive Committee over alleged anti-party activities, a suspension he insists was never lifted through the party’s internal appeal process.
The suit further alleges several irregularities during 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.
Waya is seeking an order nullifying the primary and directing the ADC to conduct a fresh election. Alternatively, he is asking the court to declare him the party’s lawful governorship candidate, claiming he secured the highest number of valid votes after excluding votes he considers unlawful.
He also wants the court to restrain the ADC from submitting Hembe’s name to INEC and to prevent the electoral commission from accepting or recognising him as the party’s governorship candidate pending the outcome of the case.
The latest ruling represents a procedural step in the legal dispute, with the substantive issues expected to be considered after all parties have entered their appearances before the court.
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