The legal battle over the African Democratic Congress (ADC) governorship ticket in Benue State gathered momentum on Friday after the Federal High Court in Abuja granted a governorship aspirant, Hon. Joseph Waya, leave to serve court processes on key defendants through substituted means in his suit challenging the party’s primary election.

Justice Inyang Ekwo made the order while ruling on an ex parte application in Suit No. FHC/ABJ/CS/1217/2026, clearing the way for the commencement of proceedings in the case seeking to nullify the primary that produced Barr. Herman Hembe as the ADC governorship candidate.

The court ordered that the originating summons, supporting affidavit, exhibits and other accompanying processes be served on the ADC through its National Publicity Secretary or any principal officer at the party’s national headquarters.

Justice Ekwo further directed that Hembe and Hon. Adejoh Peter be served through the ADC National Secretariat, while the Independent National Electoral Commission (INEC) should be served through its Chairman or any principal officer at the commission’s headquarters in Maitama, Abuja.

The judge held that service carried out in the manner ordered would constitute proper and sufficient service on all the defendants.

However, the court deferred ruling on Waya’s application seeking to abridge the time within which the defendants should respond to the suit until all parties have been properly served.

The matter was subsequently adjourned until July 13, 2026, for mention.
At the centre of the dispute is the ADC governorship primary conducted between May 22 and 24, 2026, which produced former lawmaker Herman Hembe as the party’s standard-bearer for the forthcoming Benue governorship election.

In the suit, Waya is asking the court to invalidate the primary on the grounds that it was conducted by a party structure established through congresses that had earlier been nullified by the Federal High Court in a judgment delivered on April 29, 2026.

He contends that under the ADC Constitution, only a State Congress anchored on a duly elected State Executive Committee has the authority to conduct a governorship primary, arguing that the process that produced Hembe fell short of those constitutional requirements.

Waya also challenged Hembe’s eligibility to contest the primary, alleging that the former lawmaker was still serving a three-month suspension imposed by the Benue State Executive Committee on March 27, 2026, over alleged anti-party activities.

According to him, the suspension was never lifted through the party’s internal appeal mechanism.

The plaintiff further alleged widespread irregularities during the exercise, including the use of a membership register different from that 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 contrary to the party’s 2026 electoral guidelines.

Among the reliefs sought, Waya is asking the court to nullify the primary and order the conduct of a fresh governorship primary.

In the alternative, he wants the court to declare him the lawful ADC governorship candidate, arguing that after discountenancing the disputed votes, he scored the highest number of valid votes cast.

He is also seeking orders restraining the ADC from submitting Hembe’s name to INEC and preventing the electoral commission from accepting, recognising or publishing Hembe as the party’s governorship candidate pending the determination of the substantive suit.