2027: Atiku’s suit challenging Tinubu’s eligibility stalls over service dispute

2027: Atiku’s suit challenging Tinubu’s eligibility stalls over service dispute

A Federal High Court in Abuja has adjourned a suit filed by former Vice President Atiku Abubakar seeking to challenge President Bola Ahmed Tinubu’s eligibility to contest the 2027 presidential election, after Atiku’s legal team said it had been unable to personally serve the President with the originating summons.

The case came up on Tuesday before Justice Inyang Ekwo, but proceedings were dominated by a dispute over how the court process should be served on Tinubu.

Counsel to Atiku and the African Democratic Congress (ADC), Joseph Onu Silas, told the court that efforts to personally deliver the originating summons to the President had been unsuccessful.

He subsequently asked Justice Ekwo to approve substituted service, which would allow the originating summons to be served through another legally recognised method.

However, counsel representing President Tinubu, Omosanya Popoola, SAN, told the court that he was willing to accept the process on behalf of his client.

Popoola urged the court to direct Atiku’s lawyer to hand the documents to him in open court for onward transmission to the President.

Atiku’s counsel declined, insisting that Popoola should first provide a written undertaking confirming that he had Tinubu’s authority to receive the court process on his behalf.

The disagreement prevented the originating summons from being served in the manner proposed by either side.

Counsel to the Independent National Electoral Commission (INEC), Dr Alex Izinyon, SAN, also urged the court to allow service through Tinubu’s lawyer so that the substantive issues in the case could be addressed without further delay.

Justice Ekwo, however, adjourned the matter to allow Atiku’s legal team to resolve the procedural difficulty and put its case in order.

The judge subsequently fixed September 28, 2026, for further mention of the suit.

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The development represents a procedural setback for Atiku, but it does not constitute a judicial determination of President Tinubu’s eligibility to contest the 2027 election. The court has yet to consider the substantive allegations contained in Atiku’s originating summons.

Atiku and the ADC instituted the action against Tinubu, the All Progressives Congress (APC) and INEC, asking the Federal High Court to determine whether the President meets the constitutional requirements to contest the 2027 presidential election.

A central part of the case concerns an alleged NYSC discharge certificate submitted to INEC in connection with Tinubu’s presidential candidacy.

Atiku alleges that the certificate bears the name “Tinubu Bola Adekunle”, rather than “Bola Ahmed Tinubu”.

The former vice president is asking the court to determine whether the document belongs to Tinubu and whether any discrepancy surrounding the name or authenticity of the certificate has constitutional consequences.

Atiku is relying, among other provisions, on Section 137(1)(j) of the 1999 Constitution, which provides for disqualification where a person has presented a forged certificate to INEC.

The plaintiffs have also asked INEC to produce relevant Form CF001 documents submitted in connection with Tinubu’s 2023 and 2027 presidential candidacies.

Atiku’s legal team argues that the evidence should establish whether the individual named on the NYSC document is the same person as President Bola Ahmed Tinubu.

The allegations are contained in court processes and have not been established by any court. Tinubu has not been judicially found to have submitted a forged certificate.

The suit also challenges aspects of the Electoral Act 2026 relating to the ability of individuals to question the qualification of candidates before an election.

Atiku and the ADC argue that statutory restrictions cannot override constitutional provisions concerning presidential qualification.

They contend that where legislation conflicts with the Constitution, the constitutional provisions should prevail.

The plaintiffs are therefore asking the court to determine whether the provisions of the Electoral Act can prevent them from relying on Section 137(1)(j) of the Constitution to challenge Tinubu’s eligibility.

If the court eventually rules in their favour on the substantive claims, Atiku and the ADC are seeking an order disqualifying Tinubu and the APC from participating in the 2027 presidential election.

During Tuesday’s proceedings, Justice Ekwo also reportedly cautioned parties and their lawyers against discussing the substance of the pending case on social media.

The judge stressed the importance of allowing the judicial process to take its course and indicated that lawyers could face consequences for commenting publicly on matters before the court.

The warning comes as the case attracts significant political attention because of the identities of the parties involved and its potential implications for the 2027 presidential election.

The suit comes as political activity ahead of the 2027 election intensifies.

Tinubu, who won the 2023 presidential election on the platform of the APC, is expected to seek a second term, while Atiku has emerged as a major opposition figure on the platform of the ADC.

The two politicians were among the leading contenders in the 2023 presidential election.

Atiku’s latest legal action therefore adds a significant constitutional and electoral dispute to the increasingly competitive political environment ahead of 2027.

For now, however, the immediate hurdle remains procedural.

Until the President is properly served or the court determines an alternative method of service, the substantive questions surrounding the validity of Tinubu’s alleged NYSC certificate, his constitutional qualification and the effect of the Electoral Act 2026 cannot be fully determined in the suit.

The case has consequently been adjourned until September 28, 2026, when the Federal High Court is expected to take the next procedural step.

Whatever the eventual outcome, the court’s decision on the substantive issues could have significant implications for Nigeria’s 2027 presidential election and the legal framework governing challenges to presidential candidates.

2027: Atiku’s suit challenging Tinubu’s eligibility stalls over service dispute