The suit filed by former Vice President Atiku Abubakar challenging the eligibility of President Bola Tinubu to contest the 2027 presidential election suffered a setback on Tuesday following Atiku’s inability to serve the court processes on the President.
The matter came up before Justice Inyang Ekwo of the Federal High Court, Abuja, where Atiku’s counsel, Joseph Onu Silas, told the court that his client had been unable to personally serve the originating summons on President Tinubu as required by law.
Silas consequently sought the leave of the court to serve the President through substituted means to enable the suit to proceed.
However, drama ensued when a Senior Advocate of Nigeria (SAN), Omosanya Popoola, who appeared for President Tinubu, informed the court that he was willing to accept the processes on behalf of his client.
Popoola urged Justice Ekwo to direct Atiku’s lawyer to hand over the court processes to him in the open court.
But Atiku’s counsel insisted that the senior lawyer must first provide a written undertaking confirming that he had the authority of President Tinubu to represent him before the processes could be handed over.
The disagreement stalled the proceedings.
Efforts by another Senior Advocate of Nigeria, Dr Alex Izinyon, to persuade the court to direct service on the President through his counsel did not succeed.
Justice Ekwo subsequently adjourned the matter until September 28, 2026, to enable Atiku regularise the service of the court processes.
Atiku, the presidential candidate of the African Democratic Congress (ADC), is challenging Tinubu’s eligibility to participate in the 2027 presidential election.
The former Vice President, alongside the ADC, joined President Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) as defendants in the suit.
Atiku is asking the court to determine whether Tinubu can contest the election in the light of Sections 137(1)(j), 139(1)(a)(i) and 285(14)(c) of the 1999 Constitution, as amended, as well as relevant provisions of the Electoral Act, 2026.
The suit centres, among other issues, on allegations concerning an NYSC discharge certificate submitted to INEC.
Atiku claimed that Section 137(1)(j) of the Constitution disqualifies a person from election to the office of President where such a person presents a forged certificate to INEC.
He is asking the court to determine whether Tinubu and the APC should be disqualified from the 2027 presidential election over the NYSC certificate allegedly submitted to the electoral body.
In an affidavit filed in support of the suit, Atiku alleged that the NYSC discharge certificate presented to INEC bears the name “Tinubu Bola Adekunle,” which he argued differs from President Tinubu’s name, Bola Ahmed Tinubu.
The former Vice President further alleged that the certificate was submitted in connection with both the 2023 and 2027 presidential elections and challenged the defendants to establish that the document belonged to the President.
Atiku also asked INEC to produce Tinubu’s Form CF001 submitted in connection with the 2023 and 2027 presidential elections.
“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,” he stated.
The plaintiffs are also challenging provisions of the Electoral Act, 2026, which they said restrict who can challenge the qualification of a candidate at the pre-election stage and limit the grounds for questioning an election.
Atiku and the ADC contend that no Act of the National Assembly can override the express provisions of the Constitution.
They are asking the court to determine whether the statutory restrictions complained of can prevent them from invoking Section 137(1)(j) of the Constitution and whether Tinubu and the APC should be disqualified from participating in the 2027 presidential election if their case is established.
The substantive reliefs sought include an order disqualifying President Tinubu and the APC from participating in the election on the grounds contained in the suit.
Atiku is represented by Edwin Inegedu, SAN, while the ADC is represented by Joseph Onu Silas.
