Atiku seeks leave to amend suit challenging Tinubu’s 2027 eligibility

Atiku Abubakar, presidential candidate of the African Democratic Congress (ADC), has asked the Federal High Court in Abuja for permission to amend his suit against President Bola Tinubu and the All Progressives Congress (APC).

The application, filed with the ADC as co-plaintiff, relates to suit No. FHC/ABJ/CS/1888/2026. The originating summons, lodged on 14 August 2026, asks the court to disqualify Tinubu and the APC from the 2027 presidential election over the alleged presentation of a forged National Youth Service Corps (NYSC) discharge certificate to the Independent National Electoral Commission (INEC). INEC is named as the third defendant.

In a motion on notice brought under Paragraph 7(8) of the Federal High Court (Pre-election) Practice Directions 2006 and the court’s inherent jurisdiction, the plaintiffs asked Justice Inyang Ekwo to grant leave to amend the originating summons and to deem the amended processes as properly filed.

They said the amendment became necessary after they identified errors in the description of INEC forms attached to their affidavit, which had been referred to as Form CF001 rather than Form EC9A. They also said they needed to set out the particulars of the alleged fraud more clearly, include Atiku’s written deposition, and attach clearer copies of exhibits that were not available when the suit was first filed.

The case rests principally on Section 137(1)(j) of the 1999 Constitution (as amended), which provides that a person shall not be qualified for election to the office of President if he has presented a forged certificate to INEC. The plaintiffs also rely on Sections 139(1)(a)(i) and 285(14)(c) of the Constitution and provisions of the Electoral Act 2026. They allege that an NYSC discharge certificate bearing the name “Tinubu Bola Adekunle” was submitted to INEC in connection with both the 2023 and 2027 presidential elections, and that the document is not one obtained by the President, whose official name is Bola Ahmed Tinubu.

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Tinubu and the APC have asked the court to dismiss the suit as incompetent and to hold that the plaintiffs lack the legal standing to bring it. In a joint counter-affidavit, they denied submitting any forged certificate to INEC for either the 2023 or 2027 elections. Sanusi Samaila, APC Director of Legal Services, deposed that Tinubu did not submit Form CF001 as claimed. Counsel for the defendants include Chief Akin Olujinmi, SAN.

The matter has already been adjourned once. On 1 September, Justice Ekwo put the case back to 28 September after Atiku’s counsel, Joseph Onu Silas, told the court that personal service of the originating summons on the President had not been effected. Offers by Tinubu’s counsel to accept service were declined. The application to amend is expected to be considered when the case returns.

The allegations remain unproven. Tinubu and the APC deny them in full. The court has yet to determine either the application to amend or the substance of the claim.

John James