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The Federal High Court in Abuja has fixed October 13, 2026, to hear Atiku Abubakar and the African Democratic Congress’ (ADC) application seeking to amend their suit challenging President Bola Tinubu’s eligibility for the 2027 presidential election.
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Atiku and the ADC want to correct errors in their originating summons, clarify the INEC form relied upon, provide further particulars of their allegations and attach clearer copies of relevant exhibits.
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Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) oppose the amendment.
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The substantive case centres on an NYSC discharge certificate which Atiku and the ADC allege was submitted to INEC in Tinubu’s name.
September 28, (THEWILL) – The Federal High Court in Abuja has fixed October 13, 2026, for the hearing of an application by former Vice-President Atiku Abubakar and the African Democratic Congress (ADC) seeking to amend their suit challenging President Bola Tinubu’s eligibility to contest the 2027 presidential election.
Justice Inyang Ekwo fixed the date on Monday in Suit No. FHC/ABJ/CS/1888/2026, after lawyers for the parties confirmed that the relevant processes had been served.
Counsel to Atiku and the ADC, Joseph Silas, told the court that the plaintiffs had received responses from the defendants.
However, Tinubu’s counsel, Chief Wole Olanipekun, SAN, informed the court that the President’s counter-affidavit had been served on September 24 and acknowledged by the plaintiffs’ counsel.
Justice Ekwo confirmed the proof of service and adjourned the matter to October 13 for hearing of the motion to amend the originating summons.
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Proposed Amendment
Atiku and the ADC filed the application on September 10, saying they discovered errors in their originating summons after filing the suit.
They specifically sought to correct the description of an INEC form, which they said was referred to as Form CF001 instead of Form EC9A.
They also want to provide fuller particulars of the alleged irregularities surrounding Tinubu’s NYSC discharge certificate, include Atiku’s written deposition, and attach clearer copies of relevant exhibits.
The plaintiffs maintain that the amendments are necessary to properly present their case and do not introduce a new issue or additional relief.
Tinubu, however, has opposed the application, arguing that the proposed amendments go beyond correcting errors and would substantially alter the case.
His legal team contends that the plaintiffs are seeking to introduce new claims, documents and reliefs after the constitutional period for filing the pre-election action had expired.
The President has also urged the court to dismiss the substantive suit for being incompetent.
Background
Atiku and the ADC instituted the suit against Tinubu, the APC and INEC in August, challenging the President’s eligibility to contest the 2027 presidential election.
A central allegation concerns an NYSC discharge certificate which the plaintiffs claim was submitted to INEC and allegedly bears the name “Tinubu Bola Adekunle” rather than “Bola Ahmed Tinubu.”
They are asking the court to disqualify Tinubu and the APC from the 2027 election and direct INEC to remove their names from the relevant list.
Tinubu and the APC deny submitting any forged certificate to INEC and have challenged the competence of the suit.
INEC has also opposed the case and the proposed amendment, raising objections including the plaintiffs’ locus standi and the alleged failure to comply with constitutional requirements for pre-election litigation.
The October 13 hearing will deal only with Atiku and the ADC’s application to amend the originating summons, not the substantive question of Tinubu’s eligibility for the 2027 election.
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