A Federal High Court in Port Harcourt, the state capital, on Wednesday granted an order for substituted service in a case filed by Destiny Omereji and five others against Action People’s Party and 27 others.
According to Excel Omeghara, counsel for the plaintiffs, Hart Badom, Destiny Omereji, and four others, the court’s decision was a significant step forward in resolving the dispute.
He said, “Today was just a harmless motion that was taken exparte for substituted service, and the court graciously granted.”
The plaintiffs claimed to be the authentic leaders and stakeholders of APP, having emerged through the 2022 Congress recognised by INEC in Rivers State.
They argued that they remain the genuine chairman and executives of the party, both at the state and local government levels.
The plaintiffs, including Hart Badom, Destiny Omereji, and four others, are seeking the reinstatement of Badom as the legitimate State chairman of APP.
They also challenged the legitimacy of the 23 chairmanship candidates, questioning when they became members of the APP in the state.
Justice Emmanuel Obelle presided over the case, granting the expedited motion to serve the defendants through substituted means.
Omeghara emphasized that the plaintiffs were not part of the primaries or electoral activities that brought in the candidates.
“Does it automatically translate that when their Chairman resigned his position, the position is no longer in existence?” he asked.
Citing Section 78 of the APP constitution, Omeghara argued that when a position becomes vacant, the deputy will automatically assume it. If both the chairman and deputy resign, a member of the party from the executive committee will fill the position.
The crisis has raised concerns about the party’s candidates, many of whom are former PDP members who joined the APP recently following internal wrangling, although there are concerns that some of them have yet to formally resign their membership of the PDP.