2027 Eligibility: Atiku gets court nod to serve Tinubu

The Federal High Court in Abuja on Wednesday granted an application by the presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, to serve court processes on President Bola Tinubu through the All Progressives Congress (APC).

Justice Inyang Ekwo granted the application while ruling on an ex parte motion filed by Atiku’s counsel, O.T. Omotayo-Ojo, seeking an order for substituted service on the President.

Atiku and the ADC are seeking the disqualification of Tinubu and the APC from participating in the 2027 presidential election over allegations of a forged National Youth Service Corps (NYSC) discharge certificate submitted to the Independent National Electoral Commission (INEC).

The suit, marked FHC/ABJ/CS/1888/2026, lists Tinubu, the APC, and INEC as the first, second, and third defendants, respectively. The plaintiffs are asking the court to compel INEC to remove the names of Tinubu and the APC from the list of candidates and political parties for the 2027 election.

Moving the motion, Omotayo-Ojo told the court that the application was necessary because the plaintiffs had been unable to effect personal service of the originating summons on Tinubu.

Following an undertaking by the counsel that the plaintiffs would effect service within seven days, Justice Ekwo ordered that the processes be served within the specified period and adjourned the suit to September 28 for mention.

Meanwhile, Tinubu, the APC, and INEC have filed preliminary objections challenging the competence of the suit. In a joint counter-affidavit filed on September 9, Tinubu and the APC asked the court to dismiss the suit, arguing that the plaintiffs lacked the legal right to institute the action.

Through the APC Director of Legal Services, Sanusi Samaila, the first and second defendants denied submitting any forged certificate to INEC. They stated that the NYSC had never denied issuing a discharge certificate to Tinubu at the end of his service.

Counsel to Tinubu and the APC, Chief Akin Olujinmi (SAN), argued in a written address that the allegation of forgery is a criminal matter requiring proof beyond reasonable doubt. Olujinmi argued that Atiku and the ADC produced no evidence or disclaimer from the NYSC Directorate to sustain the forgery allegation.

Similarly, INEC, in its preliminary objection filed on September 7 through its counsel, Dr. Alex Izinyon (SAN), challenged the suit on grounds of statute-bar, lack of locus standi, and abuse of court process, urging the court to dismiss the suit in its entirety.