The Federal High Court in Abuja on Tuesday adjourned a suit filed by former Vice President Atiku Abubakar challenging President Bola Ahmed Tinubu’s eligibility to contest the 2027 presidential election, after the court process had not been successfully served on the President.
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The case, brought by Atiku and the African Democratic Congress, was before Justice Inyang Ekwo, where Atiku’s lawyer, Joseph Silas, informed the court that attempts to personally serve Tinubu with the originating summons had not succeeded.
Because of the difficulty in serving the President, Silas asked the court for permission to serve the documents through another method. Tinubu’s lawyer, Senior Advocate of Nigeria Omosanya Popoola, however, offered to receive the court papers on behalf of the President and deliver them to him.
The proposal led to a disagreement between the two legal teams. Atiku’s counsel requested that Popoola first provide a written confirmation showing that he had the authority of the President to accept the documents on his behalf.
Another Senior Advocate of Nigeria, Alex Izinyon, also urged the court to allow the originating summons to be handed over to Tinubu through his legal representative so the case could move forward.
Justice Ekwo did not allow the matter to proceed immediately, instead giving Atiku’s legal team more time to regularise the service of the court documents. The judge subsequently fixed September 28, 2026, for further proceedings in the case.
Atiku filed the suit against Tinubu, the All Progressives Congress and the Independent National Electoral Commission, asking the court to determine whether the President meets the constitutional and legal requirements to contest the 2027 presidential election.
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A key part of the case concerns an NYSC discharge certificate which Atiku alleges was submitted to INEC in Tinubu’s name.
Atiku’s legal team has questioned the identity attached to the certificate, pointing to the name Tinubu Bola Adekunle instead of Bola Ahmed Tinubu. They want the court to determine whether the document was genuinely obtained by the President and whether its submission to INEC has any legal effect on his eligibility to contest an election.
The former vice president has also asked INEC to produce Tinubu’s Form CF001 submitted for the 2023 and 2027 presidential elections as part of the evidence in the case.
Atiku maintains that the identity and authenticity of the NYSC document should be settled through evidence before the court rather than assumptions.
The suit also challenges parts of the Electoral Act 2026 relating to the timing and circumstances under which a candidate’s qualification may be questioned before an election.
Atiku and the ADC argue that provisions of the Electoral Act cannot override the Constitution where the two laws are found to conflict. They are asking the court to determine whether the restrictions contained in the new electoral law can prevent them from relying on the constitutional provisions concerning a candidate’s qualification.
The plaintiffs are seeking an order that would disqualify Tinubu and the APC from participating in the 2027 presidential election if the court finds that the allegations against the President have been established.
The case is expected to return to court on September 28, when the issue of service and the next steps in the suit will be considered.
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