2027: Court Gives Atiku Seven Days to Serve Tinubu Through APC in Eligibility Suit

2027: Court Gives Atiku Seven Days to Serve Tinubu Through APC in Eligibility Suit

The Federal High Court in Abuja has granted former Vice President and African Democratic Congress (ADC) presidential candidate Atiku Abubakar seven days to serve President Bola Ahmed Tinubu with a suit challenging his eligibility to contest the 2027 presidential election.

Justice Inyang Ekwo issued the order after granting an application for substituted service, allowing Atiku and the ADC to serve the President through his political party, the All Progressives Congress (APC).

The suit, marked FHC/ABJ/CS/1888/2026, was instituted by Atiku and the ADC against Tinubu, the APC and the Independent National Electoral Commission (INEC).

Atiku is asking the court to determine whether Tinubu is qualified to participate in the 2027 presidential election based on allegations concerning an NYSC discharge certificate allegedly submitted to INEC.

According to the plaintiffs, the disputed certificate bears the name “Tinubu Bola Adekunle”, which they contend raises questions about its authenticity and its connection with the President. Atiku’s case also alleges that the document was presented to INEC as genuine and raises questions about information contained in the electoral documents submitted by Tinubu.

The allegations remain claims before the court and have not been established by a final judgment.

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The plaintiffs are relying on provisions of the 1999 Constitution relating to the presentation of forged certificates to INEC. They are seeking, among other reliefs, orders that would prevent Tinubu and the APC from participating in the 2027 presidential election on the basis of the allegations contained in the suit.

The latest ruling followed a procedural dispute over how the President should be served with the court processes.

When the matter came up earlier in September, Atiku’s lawyers told the court that they had been unable to personally serve Tinubu. Although counsel representing Tinubu indicated that he was prepared to accept service on behalf of his client, the plaintiffs declined, saying they wanted to avoid possible technical objections concerning the validity of service at a later stage.

The court subsequently allowed the issue to be addressed through substituted service.

Justice Ekwo had earlier adjourned proceedings to September 28 following the service dispute. The judge also warned lawyers involved in the case against discussing the matter in the traditional or social media, directing that arguments concerning the case should be presented in court.

Meanwhile, Tinubu and the APC have rejected the allegations and asked the Federal High Court to dismiss the suit.

In their response, the President and the APC denied that Tinubu submitted a forged certificate to INEC for either the 2023 or 2027 presidential elections. They also questioned the legal foundation of Atiku and the ADC’s action and raised preliminary objections to the case.

The defendants have argued that the disputed certificate has not been established as forged and that the NYSC has not disowned the document at the centre of the controversy.

They have therefore urged the court to dismiss the suit rather than proceed to the substantive claims.

INEC has also challenged Atiku’s case and opposed aspects of the plaintiffs’ application to amend their suit. The electoral commission has raised procedural and legal objections, including arguments concerning the competence of the action and the plaintiffs’ standing.

The case has consequently developed into a series of preliminary procedural and legal disputes even before the court determines the central allegations surrounding the disputed NYSC certificate.

Atiku and the ADC maintain that the alleged certificate and information submitted to INEC raise constitutional questions concerning Tinubu’s eligibility for the 2027 presidential election.

Tinubu and the APC, however, deny the allegations and are seeking the dismissal of the case, while INEC has also opposed the action.

The Federal High Court’s latest decision is limited to the method and timeframe for serving Tinubu with the court processes.

It does not constitute a ruling that Tinubu is ineligible to contest the 2027 election, nor does it establish that the disputed NYSC certificate is forged.

The substantive claims, alongside the objections raised by Tinubu, the APC and INEC, remain before the court for determination.

2027: Court Gives Atiku Seven Days to Serve Tinubu Through APC in Eligibility Suit