The Federal High Court sitting in Lagos has adjourned a suit filed by Olanrewaju Adeleke, also known as Legacy, against the Independent National Electoral Commission (INEC), the Labour Party and two others until November 6, 2026, for hearing following a disagreement over the service of court processes.
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‎Adeleke, who claims to be the lawfully nominated candidate of the Labour Party for Lagos State, instituted the suit against INEC, the Labour Party, Mr Olurotomi Odunaike and Lateef Adele.
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‎The originating summons was brought pursuant to Sections 29(1), 32(1), 33, 77(2), 84(1) of the Electoral Act, 2026, and Section 285(14) of the 1999 Constitution, as amended.
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‎The suit raises questions concerning the nomination of candidates for elections and whether the Labour Party could validly present the name of the third defendant, who allegedly did not participate in the party’s primary election.
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‎At the proceedings, counsel to the plaintiff, Barrister Tomi Olagunju, told the court that the matter was for hearing, maintaining that the counsels of the defendants have not served him.
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‎However, counsel to one of the defendants, Barrister Okoro, said that the plantiff has been served electronically which is easy for him to access and they were ready to go ahead with the case.
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‎Olagunju maintained that filing court processes electronically was different from serving them, explaining that the applicable rules required service before response to the processes could begin.
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‎He told the court that the plaintiff had received a response from the first defendant but had not been served with processes from the third and fourth defendants.
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‎In response, Okoro said the processes were filed on October 6 and that the parties had access to them through the court’s electronic filing portal, which notifies parties when documents are filed.
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‎Justice Aluko noted that the court’s practice directions contained specific provisions governing service, stressing that electronic filing alone did not override the requirements for service.
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‎The judge directed counsel to ensure that their processes were duly served in addition to being filed.
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‎Following the exchange, the plaintiff was given the relevant files and sought a short date to file and serve a reply.
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‎Justice Akintayo Aluko subsequently adjourned the matter until November 6, 2026, for hearing.