Court tells Atiku to serve Tinubu with 2027 eligibility case through APC

The Federal High Court in Abuja has told former Vice President Atiku Abubakar and the African Democratic Congress (ADC) to serve President Bola Tinubu with court documents through the All Progressives Congress (APC).

Judge Inyang Ekwo made this decision on Wednesday. This was part of a ruling on an ex parte application from Mr Abubakar and the ADC. They are challenging Mr Tinubu’s eligibility to run in the 2027 presidential election.

The judge ordered the plaintiffs to carry out the substituted service within seven days. He then postponed the case until 28 September for mention.

Mr Abubakar and the ADC filed the suit against Mr Tinubu, the APC, and the Independent National Electoral Commission (INEC).

During the Wednesday hearing, Atiku’s lawyer, Omotayo Ojo, who stood in for Silas Onu, told the court that they would serve the documents within seven days.

This application became important after they could not personally serve Mr Tinubu with the initial court documents.

The suit aims to disqualify Mr Tinubu from the 2027 presidential race. They argue this is due to issues related to documents he submitted to INEC. This includes an alleged forged National Youth Service Corps (NYSC) discharge certificate.

Mr Abubakar and the ADC claim that Mr Tinubu submitted a certificate with the name “Tinubu Bola Adekunle” to INEC.

They are relying on Section 137(1)(j) of the 1999 Constitution, which talks about disqualification from office due to presenting a forged certificate to INEC.

They want the court to declare that Mr Tinubu presented a forged certificate. They also want him and the APC disqualified from the 2027 presidential election.

The case started in August when Mr Abubakar and the ADC filed it at the Federal High Court in Abuja.

PREMIUM TIMES reported that lawyers for both sides disagreed on 1 September about serving the court documents on Mr Tinubu.

Atiku’s lawyer, Mr Onu, told the court that they could not personally serve the President and asked for permission to use substituted service.

Mr Tinubu’s lawyer, Omosanya Popoola, a Senior Advocate of Nigeria (SAN), offered to accept the documents on his client's behalf. But Mr Onu turned down this offer. He asked Mr Popoola to first give a written confirmation that he had the authority to accept the documents.

This disagreement caused Judge Ekwo to adjourn the case.

Meanwhile, Mr Tinubu and the APC have opposed the suit and want the court to throw it out.

In a joint counter-affidavit filed on 9 September, they denied submitting any forged certificate or Form CF001 to INEC for the 2023 or 2027 elections.

They also stated that the NYSC has never denied giving Mr Tinubu a discharge certificate at the end of his service year.

Their lawyer, Akin Olujinmi, a SAN, argued that an allegation of forgery is serious and must be proven beyond reasonable doubt.

He also said the plaintiffs have not provided any evidence from the NYSC denying the issuance of the discharge certificate to Mr Tinubu.

Mr Olujinmi asked the court to support the defendants' preliminary objection and dismiss the case.

At the same time, INEC has also challenged the validity of the case.

In its preliminary objection, the commission raised several points, including statute-bar, lack of locus standi, absence of a reasonable cause of action, and abuse of court process.

The commission also argued that the plaintiffs did not meet the necessary written deposition requirement under the Federal High Court Pre-Election Practice Directions (Amendment) 2026.