The presidential candidate of the National Rescue Movement, (NRM) Usman Ibrahim-Alhaji, has dragged President Muhammadu Buhari and the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar.
Mr Ibrahim-Alhaji is praying the court to invoke Section 91(2) of the Electoral Act, 2010 to nullify the participation of Buhari and Atiku in the February 23 presidential election or allegedly violating the Electoral Act 2010.
The plaintiff through his counsel, Ezekiel Ofou, is praying the court to set aside the participation of Buhari and Atiku on the grounds that they spent over N1 billion each as campaign expenses.
He alleged that by spending over N1 billion each, both candidates violated the electoral law and are liable to be removed as contestants in the election.
When the matter came up on Tuesday, Mr Ofou told the court that he found it extremely difficult to serve the court papers on Buhari and Atiku, who were the main defendants in the suit because of the retinue of security around them.
Mr Ofou then moved an ex parte motion in which he prayed the court for an order of substituted service on the two major defendants.
He argued the ex parte motion on Order 6 Rule 5 of the Federal High Court Practice Direction for permission to allow him to serve Messrs Buhari and Atiku through the legal departments of their respective parties.
The judge, Ahmed Mohammed in a short ruling, granted the application for substituted service.
Buhari and Atiku are to be served through the legal departments of the All Progressives Congress (APC) the PDP respectively.
The APC, PDP and the Independent National Electoral Commission, (INEC) are also named as defendants in the suit.
Justice Mohammed adjourned the matter until March 26 for mention.
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