Proceedings in a high-stakes suit filed by former Vice President Atiku Abubakar and the African Democratic Congress (ADC) seeking to disqualify President Bola Tinubu from the January 16, 2027 presidential election ended abruptly on Tuesday at the Federal High Court in Abuja.
The suit, marked FHC/ABJ/CS/1888/2026, lists President Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) as defendants. Atiku and the ADC are challenging Tinubu’s qualification, primarily over an alleged forged NYSC discharge certificate, and are also contesting certain provisions of the Electoral Act 2026.
When the matter came up, Atiku’s counsel, Joseph Onu Silas, informed the court that the originating processes had not yet been served personally on President Tinubu. He applied for an order of substituted service.
Senior Advocate of Nigeria Omosanya Popoola, leading the legal team for the President and the APC, volunteered to accept service in open court on behalf of Tinubu. Silas objected, insisting that Popoola first provide a written undertaking confirming he had the President’s mandate to receive the documents.
Even an intervention by another Senior Advocate, Alex Izinyon (representing INEC), failed to resolve the impasse. Justice Inyang Ekwo then adjourned the case to September 28 for further mention, directing the plaintiffs to put their house in order.
Beyond the service dispute, Atiku and the ADC are challenging sections of the Electoral Act 2026 that restrict who may question a candidate’s qualification at the pre-election stage and remove qualification as a ground for post-election petitions. They argue that these provisions conflict with Sections 137(1)(j), 139(1)(a)(i) and 285(14)(c) of the 1999 Constitution (as amended), which, they contend, empower the courts to examine whether a person elected as President was qualified.
Central to their case is the claim that Tinubu submitted an NYSC discharge certificate bearing the name “Tinubu Bola Adekunle” — different from the name Bola Ahmed Tinubu — both in the 2023 and the forthcoming 2027 presidential elections. Atiku maintains the document does not belong to the President and has placed INEC on notice to produce Tinubu’s Form CF001 for both election cycles.
In a supporting affidavit, Atiku stated: “If the certificate belongs to Bola Ahmed Tinubu, let that be established before the court. If ‘Tinubu Bola Adekunle’ and ‘Bola Ahmed Tinubu’ are one and the same person for the purpose of that certificate, let the evidence establish it. These are questions that deserve answers, not political insults or presidential silence.”
The plaintiffs want the court to determine whether the statutory restrictions in the Electoral Act prevent them from invoking constitutional grounds of disqualification and, if their claims are proven, to issue an order barring President Tinubu and the APC from participating in the 2027 presidential election.
The matter will next be mentioned on September 28.