Federal High Court Authorises Substituted Service on Kolo Baba Jiya in Kwara North PDP Ticket Suit:
The legal dispute surrounding the Peoples Democratic Party (PDP) senatorial ticket for Kwara North has taken another procedural turn, following an order of the Federal High Court sitting in Ilorin permitting substituted service on Dr. Kolo Baba Jiya, the party’s candidate named in the suit.
The order was made in Suit No. FHC/IL/CS/136/2026, instituted by Sulaiman Rotimi Iliasu, a former Commissioner for Works and Transport, against the Independent National Electoral Commission (INEC), the PDP and Kolo Baba Jiya.
According to the court order, Justice Ariwoola Olukayode Jnr. granted the applicant leave to serve the third respondent through substituted means.
The application followed a Motion Ex-Parte dated and filed on September 25, 2026, brought pursuant to the relevant provisions of the Federal High Court (Civil Procedure) Rules 2019. The order was endorsed on September 30, 2026.
Under the order, the originating summons and accompanying processes may be served on Jiya by delivering them to an adult at his last known place of business or by posting the processes as a notice at a conspicuous location at his last known place of business.
The location specified in the order is Golden Sands Hotel and Suites, Olohunoje Road, Off Babatunde Yinus Street, Irewolede Area, Ilorin, Kwara State.
The substantive action concerns issues surrounding the nomination and candidature for the Kwara North Senatorial District, with the claimant asking the court to determine questions arising from the disputed candidacy.
The suit was filed under constitutional and electoral-law provisions governing pre-election disputes, including Section 285(14) of the 1999 Constitution (as amended) and relevant provisions of the Electoral Act 2026.
The court further directed that, after being served, the respondents are to enter appearance within seven days.
LEGAL DEVELOPMENT FOLLOWS RECENT SUPREME COURT DECISION
The latest development comes against the backdrop of recent litigation concerning the interpretation and application of provisions of the Electoral Act 2026.
In SC/CR/495/2026, the Supreme Court on September 24, 2026, upheld INEC’s appeal concerning provisions of the Electoral Act relating to political party membership registers and the conduct of party primaries, setting aside the earlier Court of Appeal decision. Reports on the case identify the disputed provisions as Sections 77(5), 77(6), 77(7) and 84(2) of the Electoral Act 2026.
However, the Federal High Court proceedings involving the Kwara North PDP senatorial ticket remain a separate matter for determination by the trial court. The earlier filing of Suit No. FHC/IL/CS/136/2026 and the reliefs sought by Iliasu have been reported, while the claims remain subject to the judicial process and responses from the respondents.
The substituted-service order does not, by itself, determine the substantive merits of the candidature dispute. It is a procedural step allowing the court processes to be brought to the attention of the named respondent through an alternative method of service.
The next stage will therefore depend on service of the processes and the subsequent responses and proceedings before the Federal High Court in Ilorin
