Politics
Court Takes Over Taraba APC Reps Primary Dispute
Court Takes Over Taraba APC Reps Primary Dispute
A fresh legal battle has erupted within the All Progressives Congress (APC) in Taraba State as the contest for the party’s ticket for the Takum/Donga/Ussa/Yangtu Federal Constituency shifts from the ballot box to the courtroom, with one aspirant seeking to overturn the outcome of the primary election.
Hon. Audu Israel Tseaga has approached the Federal High Court in Abuja, asking the court to nullify the APC primary conducted for the constituency, alleging that the exercise was marred by serious irregularities.
In the suit, marked FHC/ABJ/CS/1128/2026, Tseaga named the Independent National Electoral Commission (INEC), the APC and Rt. Hon. Mark Bako Useni as defendants.
At the proceedings, Justice Inyang Ekwo granted leave for the originating processes to be served on Rt. Hon. Mark Bako Useni and subsequently adjourned the matter for the hearing of the Motion on Notice.
Tseaga is urging the court to invalidate the primary election and declare that he is the rightful candidate of the APC for the Takum/Donga/Ussa/Yangtu Federal Constituency in the 2027 general election.
The lawsuit marks the beginning of what is expected to be a fierce legal contest over the party’s ticket, with the outcome likely to shape the APC’s fortunes in one of Taraba State’s key federal constituencies.
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2027: Atiku’s suit seeking Tinubu’s disqualification meets deadline, faces procedural hurdle
2027: Atiku’s suit seeking Tinubu’s disqualification meets deadline, faces procedural hurdle
Former Vice President’s certificate forgery challenge may be “dead on arrival” due to choice of Originating Summons, legal experts say
The suit filed by former Vice President Atiku Abubakar seeking President Bola Ahmed Tinubu’s disqualification from the 2027 presidential race met the constitutional deadline for pre-election matters, but the procedure used to bring the case may expose it to a strong legal challenge, according to a review of the filing and established case law. Atiku personally appeared at the Federal High Court registry in Abuja on Friday, August 14, 2026, to depose to an affidavit backing the suit, which he filed alongside his party, the African Democratic Congress (ADC) , against Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) . The action rests on Sections 137(1)(j), 139(1)(a)(i) and 285(14)(c) of the 1999 Constitution as amended, along with relevant provisions of the Electoral Act 2026. At its core is an allegation that the NYSC discharge certificate Tinubu submitted to INEC bears a name that differs from his own—”Tinubu Bola Adekunle” rather than “Bola Ahmed Tinubu”.
Legal analyst Ekene Aninze, reviewing the timing of the filing, noted that Atiku fell squarely within the 14-day window set by Section 285(9) of the Constitution for pre-election matters. INEC had displayed the personal particulars of presidential candidates, including Tinubu’s, on Saturday, August 1, 2026, in line with its published election timetable. Counting from that date, Atiku’s filing on August 14 came on the 13th day, within the statutory limit. This timing is critical, as Nigerian courts have repeatedly dismissed pre-election cases filed outside the 14-day window. In the Edo State governorship dispute, the Court of Appeal held that a case challenging candidate credentials was statute-barred when filed beyond the stipulated period. Similarly, courts have affirmed that the reckoning date is the occurrence of the event complained of, not when the aggrieved person became aware of it.
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Where the case may run into difficulty, according to Aninze, is the format in which it was brought. The suit was filed by way of Originating Summons, a procedure typically reserved for disputes over the interpretation of documents rather than contested facts. Nigerian courts have repeatedly held that allegations bordering on forgery cannot be resolved on affidavit evidence alone and require a Writ of Summons, which allows for oral testimony and cross-examination. That principle traces back to the Supreme Court’s handling of the Delta State PDP governorship tussle between Sheriff Oborevwori and David Edevbie, where the apex court held that Edevbie’s forgery allegations against Oborevwori could not be resolved through Originating Summons and ought to have been commenced by Writ of Summons, since only oral and documentary evidence tested in open court could settle such claims. Justice Tijani Abubakar, who delivered the judgment of the panel, held that the grievous allegations of supply of false information and certificate forgery brought against the Speaker cannot be proved beyond reasonable doubt with the use of Originating Summons. A similar reasoning shaped the Court of Appeal’s earlier intervention in the same dispute, which faulted Edevbie for not calling the institution alleged to have issued the disputed document as a witness. The same logic featured in the long-running feud between Godwin Obaseki and his APC rivals, where the University of Ibadan had to be drawn into proceedings to speak to the authenticity of a contested credential, and in Bashir Machina’s dispute with the APC over the Yobe North senatorial primaries, often cited as a cautionary tale on the risks of using Originating Summons for a contentious matter. Applying that pattern to the Atiku suit, Aninze argued that questions over the authenticity of the NYSC certificate would likely require testimony from the NYSC itself to confirm or deny that it issued the document, something an Originating Summons process, built on affidavits, is not designed to accommodate. Activist lawyer Maduabuchi Idam went further, describing the suit as “dead on arrival.” He explained that the judicial system lacks the courage to allow justice to be done in such a matter, adding that “whether the action succeeds or fails, it will continue to expose the weaknesses of our institutions, lampoon the system, and subject it to public scorn and ridicule.”
Atiku’s decision to personally appear at the court registry was deliberate, according to his Senior Special Assistant on Public Communication, Phrank Shaibu. The former vice president stated: “I came here personally because the issues before the court go to the heart of our Constitution and the integrity of the office of President. I cannot ask Nigerians to respect the Constitution while treating a matter of this magnitude casually. I have therefore put my name, my signature and my oath behind the facts we are presenting to the court. Now it is President Tinubu’s turn to answer them.” Atiku emphasized that the matter should be settled through evidence rather than political arguments or social media exchanges. “We are not asking Nigerians to decide this matter on social media,” he said. “We are asking the institution holding the records to produce them and the judiciary to examine the evidence and pronounce on it.” He added: “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.”
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Beyond the certificate dispute, Atiku and the ADC are also challenging provisions of the Electoral Act 2026 which, according to their written address, effectively restrict who may challenge the qualification of a candidate at pre-election stage and the removal of qualification as a ground for questioning an election as envisaged by Section 139(a)(i) of the Constitution. Their argument is that legislation cannot be used to shut the door against enforcement of an express constitutional provision. They contend that where an Act of the National Assembly conflicts with the Constitution, the Constitution must prevail. “This case therefore raises a fundamental question for our democracy,” Atiku said. “Can an Act of the National Assembly be used as a shield against an express provision of the Constitution? Can we write into ordinary legislation an escape route from a constitutional standard applicable to everyone seeking the Presidency? Our position is that the Constitution remains supreme.”
In a parallel development, a legal counsel and chieftain of the ADC, Kalu Agu, submitted a petition against Tinubu to the European Commission in Brussels, Belgium, for allegedly submitting a forged certificate to INEC. Agu was captured in a video shared on X by Paul Ibe, Atiku’s media aide, while submitting the petition. He alleged that Tinubu presented false academic credentials to INEC as part of the constitutional requirements for the 2027 election, asking the EU to intervene over what he described as the alleged subversion of constitutional order in Nigeria.
Reacting to the suit, the APC described it as an exercise in futility. The National Secretary of the APC, Ajibola Basiru, said: “Atiku should go and brace for another defeat in the general election. The President is qualified to contest the election; nothing is disqualifying him, and the matter has been settled by the Supreme Court.” Basiru added: “Atiku has nothing to offer Nigerians, and he knows that he will be rejected at the poll. That is why he is looking for a shortcut. But there’s no shortcut to power. He should go and mobilise for the poll, where he will be rejected by Nigerians as usual. That will end his political misadventure into the presidency.”
Neither Tinubu’s legal team nor the APC had filed a response to the suit as of the time of this report. The originating summons asks the Federal High Court to determine whether the statutory restrictions complained of can prevent the plaintiffs from invoking Section 137(1)(j), and ultimately whether Tinubu and the APC should be disqualified from participating in the 2027 presidential election if the plaintiffs’ case is established. Among the substantive reliefs sought is an order disqualifying Tinubu and the APC from participating in the 2027 presidential election on the grounds pleaded by the plaintiffs. Atiku has also placed INEC on notice to produce Tinubu’s Form CF001 submitted in connection with the 2023 and 2027 presidential elections. The affidavit states that Atiku had applied for certified true copies of the relevant form before filing the suit but had received no response at the time the processes were prepared. Atiku concluded: “Nobody should misunderstand what is at stake. Nigerian graduates cannot complete NYSC documentation with one identity and simply ask employers to ignore discrepancies. Young Nigerians seeking ordinary jobs are subjected to rigorous scrutiny of their certificates. The Presidency is not an immunity certificate against constitutional scrutiny.”
2027: Atiku’s suit seeking Tinubu’s disqualification meets deadline, faces procedural hurdle
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