Court Adjourns Atiku’s Suit Seeking Tinubu’s Disqualification From 2027 Poll Over Service — President’s Lawyer Offers To Accept Process
The Federal High Court sitting in Abuja has adjourned a suit filed by former Vice-President Atiku Abubakar challenging the eligibility of President Bola Tinubu to contest the 2027 presidential election, following difficulties in serving the President with the originating court processes.
At the resumed proceedings on Tuesday, Atiku’s counsel, Joseph Silas, informed Justice Inyang Ekwo that attempts to personally serve Tinubu with the originating summons had been unsuccessful and consequently sought permission to effect substituted service.
However, Omosanya Popoola, SAN, who appeared for Tinubu, told the court that he was prepared to accept the originating processes on behalf of the President.
Popoola urged the court to direct Atiku’s lawyer to hand the documents to him in open court for onward transmission to his client.
The proposal resulted in disagreement between the lawyers after Atiku’s counsel insisted that Popoola should first provide a written undertaking confirming that he had Tinubu’s authority to accept service on his behalf.
Another Senior Advocate of Nigeria, Alex Izinyon, SAN, also attempted to persuade the court to allow service through Tinubu’s counsel so that the substantive case could proceed, but the effort did not resolve the dispute.
Justice Ekwo consequently adjourned the matter until September 28, 2026, for further mention, allowing Atiku’s legal team time to regularise service of the originating summons.
The adjournment did not involve any consideration or determination of the substantive allegations against Tinubu.
Atiku, who is the presidential candidate of the African Democratic Congress, ADC, instituted the action against Tinubu, the All Progressives Congress, APC, and the Independent National Electoral Commission, INEC.
He is asking the Federal High Court to determine whether Tinubu is constitutionally qualified to contest the 2027 presidential election in light of allegations concerning an NYSC discharge certificate allegedly submitted to INEC in his name.
Atiku relies, among other provisions, on Sections 137(1)(j), 139(1)(a)(i) and 285(14)(c) of the 1999 Constitution, as amended, as well as provisions of the Electoral Act, 2026.
A central plank of the suit is Atiku’s allegation that an NYSC discharge certificate submitted to INEC bears the name “Tinubu Bola Adekunle” rather than “Bola Ahmed Tinubu.”
The former vice-president alleges that the document was not a certificate obtained by Tinubu and wants the court to determine whether its alleged submission amounts to presentation of a forged certificate capable of activating the disqualification provision under Section 137(1)(j) of the Constitution.
The allegation remains before the court and has not been judicially established.
Atiku has also placed INEC on notice to produce Tinubu’s Form CF001 submitted in connection with the 2023 and 2027 presidential elections.
In his supporting affidavit, Atiku argued that the identity and authenticity of the NYSC certificate should be resolved through evidence before the court.
“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,” he stated.
Atiku and the ADC are additionally challenging provisions of the Electoral Act, 2026, which they contend improperly restrict the circumstances in which the qualification of a candidate may be challenged before an election.
They are asking the court to examine the relationship between those statutory provisions and Section 139(1)(a)(i) of the Constitution, which deals with laws governing challenges to the qualification of a person elected as President.
Their argument is that legislation enacted by the National Assembly cannot override an express provision of the Constitution and that, where any provision of an Act conflicts with the Constitution, the Constitution must prevail.
The originating summons therefore seeks a determination on whether statutory restrictions relied upon by the defendants can prevent Atiku and the ADC from invoking the constitutional disqualification provisions contained in Section 137(1)(j).
Ultimately, Atiku and the ADC are seeking an order disqualifying Tinubu and the APC from participating in the 2027 presidential election if their allegations are established by the court.
For now, however, the case remains at the preliminary stage, with the court yet to hear the merits of the challenge. The immediate issue before the court is the proper service of the originating processes on the President, after which the defendants would have the opportunity to respond to the allegations.
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