ABUJA — The Federal High Court in Abuja has granted permission to former Vice President and African Democratic Congress (ADC) presidential candidate, Alhaji Atiku Abubakar, to serve President Bola Ahmed Tinubu with originating court processes challenging his eligibility for the 2027 presidential election through substituted means.
Ruling on an ex-parte application moved on Wednesday, September 16, 2026, Justice Inyang Ekwo ordered that the legal documents be served on President Tinubu within seven days through the national headquarters of the All Progressives Congress (APC) in Abuja.
The suit (marked FHC/ABJ/CS/1888/2026)—jointly filed by Atiku and the ADC—asks the court to disqualify President Tinubu and the APC from contesting the 2027 presidential election over the alleged submission of a forged National Youth Service Corps (NYSC) discharge certificate bearing the name “Tinubu Bola Adekunle” to the Independent National Electoral Commission (INEC).
Key Legal Grounds & Preliminary Objections
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The Core Allegation: In a 25-paragraph affidavit deposed personally, Atiku contends that the NYSC discharge certificate submitted alongside Form EC9 (formerly referenced as Form CF001) does not belong to President Tinubu, constituting a breach of Section 137(1)(j) of the 1999 Constitution (as amended).
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The Substituted Service Ruling: Atiku’s legal team, led by O.T. Omotayo-Ojo, informed the court that personal service on the President had proven unfeasible. Justice Ekwo approved service through the APC as the 2nd Defendant to ensure fair hearing requirements are met.
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Defense Counter-Affidavit & Objections: Senior Advocates of Nigeria Chief Wole Olanipekun and Chief Akin Olujinmi, representing President Tinubu, have already filed processes challenging the suit’s competence. They argue that Atiku lacks locus standi under Section 29(5) of the Electoral Act 2026 (which restricts qualification suits to intra-party aspirants) and maintain the action is statute-barred as the 14-day filing window elapses post-submission.
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Hearing Date: Justice Ekwo adjourned the matter to September 28, 2026, for confirmation of service and commencement of formal proceedings.
