The substituted service was issued in a legal action filed by the leader of the Concerned Enugu APC Members, Comrade Adolphus Ude, seeking an order of the court compelling the duo to account for N2.5 billion party funds allegedly embezzled by them.
An Enugu State High Court on Wednesday ordered a substituted service on the chairman of the Enugu State chapter of the All Progressives Congress, Chief Ugochukwu Agballah and the governorship candidate, Chief Uche Nnaji.
The substituted service was issued in a legal action filed by the leader of the Concerned Enugu APC Members, Comrade Adolphus Ude, seeking an order of the court compelling the duo to account for N2.5 billion party funds allegedly embezzled by them.
The court also ordered a substituted service on Ugochukwu Agballah in another suit instituted by Comrade Ude seeking to perpetually restrain Agballah from parading himself as the chairman of the APC in Enugu State.
The orders were made by Justice Kenneth Okpe following applications for substituted service filed by the plaintiff, Comrade Udeh. The plaintiff’s counsel, Iyobosa Izevbigie, told the trial judge that whereas the other defendant in the suits, APC, was served on February 16, 2023, all attempts to serve Ugochukwu Agballah and Uche Nnaji proved abortive as they allegedly evaded service.
The court, therefore, ordered that both men should be served by substituted service so the court paper was pasted at the APC secretariat located at No. 80 Nza Street, Independence Layout, Enugu.
The orders were also executed on Wednesday.
Comrade Ude, who was also the Chairman of Mainstream Enugu APC, had dragged Ugochukwu Agballah and Chief Uche Nnaji before the court in Suit No. E/47/2023 over alleged misappropriation of N786 million, which he said the state chapter of the party realised from the sale of Expression of Interest and nomination forms.
Ude also alleged that the APC in Enugu realised an additional estimated sum of $1.5 million from consultations and logistics from presidential aspirants during the 2022 presidential primary elections, alleging that the funds were misappropriated by Agballah and Nnaji.
Ude is therefore seeking an order from the court compelling the duo to render and publish a detailed account of the use and proof of disbursement of the said funds.
But in Suit No. E/74/2023 before the same judge, Comrade Ude is seeking an order of perpetual injunction restraining Ugochukwu Agballah from parading himself as the chairman of the Enugu State Chapter of the APC.
“By a letter dated 19 August 2022, the 2nd Defendant’s ward, the Udi/Agbudu Ward in Udi Local Government Area suspended the 2nd Defendant from being a member of the Ward and expelled him from the Ward and debarred him from holding Party Office in APC.
“The effect of the suspension and expulsion from his ward was that the Agballah ceased to be a member of the APC with effect from the date of the letter and thus lost the right and privilege to hold any office in the party or to participate in any of the activities of the party," he stated.
He, however, told the court that Agballah continued to “parade himself as the Chairman of APC, Enugu State and to meddle in the affairs of the party with impunity and without authority” despite his suspension and expulsion from the party.