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The Federal High Court in Abuja has ordered former Vice President Atiku Abubakar to serve President Bola Tinubu with the suit challenging his eligibility to contest the 2027 presidential election through the All Progressives Congress within seven days.
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Justice Inyang Ekwo granted an application for substituted service after Atiku’s lawyers told the court that the President had not been personally served with the originating processes filed in the case.
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Atiku alleges that Tinubu submitted a forged NYSC discharge certificate bearing the name “Tinubu Bola Adekunle” to the Independent National Electoral Commission, asking the court to disqualify him from the 2027 presidential race.
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Tinubu’s lawyers and INEC have challenged the competence of the suit, with the President’s legal team arguing that the action is statute-barred and that Atiku lacks the legal standing to challenge documents submitted by the APC candidate.
September 16, (THEWILL) – The Federal High Court sitting in Abuja on Wednesday ordered former Vice President Atiku Abubakar to serve President Bola Tinubu with his suit challenging the President’s eligibility to contest the 2027 presidential election through the All Progressives Congress (APC) within seven days.
Justice Inyang Ekwo made the order after granting an application for substituted service of the court processes on Tinubu through his political party.
The order followed a motion moved by Atiku’s counsel, Olanrewaju Omotayo-Ojo, who appeared in place of Silas Onu, said to be bereaved.
The suit, marked FHC/ABJ/CS/1888/2026, was instituted by Atiku, the presidential candidate of the African Democratic Congress (ADC), with the party joined as the second plaintiff.
Tinubu, the APC and the Independent National Electoral Commission (INEC) are listed as the first, second and third defendants respectively.
The case centres on allegations concerning an NYSC discharge certificate which Atiku claims Tinubu submitted to INEC in connection with his qualification to contest the presidential election.
In a 25-paragraph affidavit personally deposed to in support of the suit, Atiku alleged that the certificate submitted by Tinubu bears the name “Tinubu Bola Adekunle”.
Atiku maintained that the document did not belong to the President and was allegedly presented to INEC as a genuine certificate.
“I know that the NYSC certificate is clearly not one obtained by the 1st defendant, as it belongs to one Adekunle,” Atiku stated in the affidavit.
He further alleged that the certificate had been used by Tinubu since 1999, when he contested the Lagos State governorship election.
Atiku is asking the court to determine whether the alleged submission of a forged certificate violates Section 137(1)(j) of the 1999 Constitution, as amended.
The plaintiffs are also seeking a declaration that Tinubu presented a forged certificate to INEC and an order disqualifying Tinubu and the APC from participating in the 2027 presidential election.
Legal Challenge
Tinubu’s legal team has challenged the competence of the action, while INEC has also filed processes urging the court to dismiss the suit.
Chief Akin Olujinmi, SAN, in a counter-affidavit filed on Tinubu’s behalf, argued that the action was statute-barred. He contended that the relevant documents were submitted to INEC before August 1 and that the 14-day period provided for such litigation had elapsed.
Olujinmi also challenged Atiku’s locus standi, arguing that as a member of the ADC, he had no legal right to challenge documents submitted by the APC candidate.
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Another Senior Advocate of Nigeria, Chief Wole Olanipekun, has also filed processes identifying himself as counsel to Tinubu.
He filed a preliminary objection and counter-affidavit seeking the dismissal of the suit, describing it as incompetent and an abuse of court process.
In a September 10 letter to the Deputy Chief Registrar of the court, Olanipekun said Tinubu had instructed him to lead a team of lawyers to defend his interests in the case.
He complained that the President had not been served with the originating processes despite the case having been publicised.
Olanipekun said a member of his legal team, Prince Omosanya Popoola, SAN, had appeared in court on September 1 on Tinubu’s instruction and sought to collect the processes filed by the plaintiffs.
He said the plaintiffs’ counsel objected to the request and that Tinubu remained the only party yet to be served.
The senior lawyer consequently asked the court to provide the service copy or certified true copies of the originating processes to enable the President to respond to the suit.
Background
The suit is part of the renewed legal contest surrounding the qualification of presidential candidates ahead of the 2027 general election.
Atiku and the ADC are relying on constitutional provisions concerning the presentation of forged certificates in seeking Tinubu’s disqualification.
The plaintiffs have, however, also applied to amend portions of their case after discovering an error in the description of the INEC form to which the disputed documents were allegedly attached.
They initially referred to the document as Form CF001 but are seeking to amend the reference to Form EC9.
The court had earlier fixed September 28 for the substantive hearing of the case.
With Wednesday’s ruling, the immediate service dispute has been addressed, as Atiku is now required to serve Tinubu through the APC within seven days.
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
