Court Adjourns Atiku’s Suit Challenging Tinubu’s 2027 Eligibility To September 28

The suit filed by former Vice President Atiku Abubakar challenging President Bola Ahmed Tinubu’s eligibility to contest the 2027 presidential election was on Tuesday adjourned by the Federal High Court, Abuja, following a dispute over service of the court papers.

Atiku’s lawyer, Joseph Onu Silas, told Justice Inyang Ekwo that he had been unable to personally serve Tinubu with the originating summons as required by law. He therefore asked the court to allow the papers to be served through another method.

The matter took a dramatic turn when Omosanya Popoola, SAN, who appeared for Tinubu, offered to accept the court process on behalf of the President. He urged the judge to direct Atiku’s lawyer to hand over the documents to him in open court.

Silas, however, declined, insisting that Popoola should first provide a written undertaking confirming that he had Tinubu’s authority to receive the documents and represent him in the case. An attempt by another senior lawyer, Dr Alex Izinyon, SAN, to persuade the court to allow service through Tinubu’s counsel was unsuccessful.

Justice Ekwo subsequently fixed September 28 for further mention of the case. Atiku had sued Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC), seeking Tinubu’s disqualification from the 2027 presidential election.

In the suit, Atiku is asking the court to determine whether Tinubu is qualified to contest the election under the 1999 Constitution, as amended, and relevant provisions of the Electoral Act 2026.

Atiku alleged that Tinubu submitted an NYSC discharge certificate to INEC bearing the name “Tinubu Bola Adekunle”, which he claimed differed from the President’s name, Bola Ahmed Tinubu. He further alleged that the certificate was used in connection with the 2023 and 2027 presidential elections.

He has also asked INEC to produce Tinubu’s Form CF001 submitted for the 2023 and 2027 elections, seeking a determination of whether the person named “Tinubu Bola Adekunle” on the NYSC certificate is the same person as President Bola Ahmed Tinubu.

Atiku and the African Democratic Congress (ADC) are also challenging provisions of the Electoral Act 2026 which they contend restrict who can challenge a presidential candidate’s qualification before an election.

They argued that legislation made by the National Assembly cannot override the Constitution, and asked the court to determine whether the restrictions in the Electoral Act can prevent them from challenging Tinubu’s qualification.

Ultimately, the plaintiffs are seeking an order disqualifying Tinubu and the APC from participating in the 2027 presidential election if the allegations against the President are established.