By Ayodele Oni
Justice Inyang Ekwo of the Federal High Court, Abuja has adjourned the eligibility suit filed by former Vice-President Atiku Abubakar and the African Democratic Congress, (ADC) to September 28 for further mention.
The suit is seeking to disqualify President Bola Tinubu from contesting the 2027 presidential election.
The suit was stalled on Tuesday over the plaintiffs’ failure to serve the President with the originating summons.
In the matter, marked FHC/ABJ/CS/1888/2026, Atiku and the ADC are listed as the first and second plaintiffs, while Tinubu, the All Progressives Congress, (APC) and the Independent National Electoral Commission, (INEC) are the first to third defendants.
When the case was called, Atiku’s lawyer, Joseph Onu, informed the court that the plaintiffs had been unable to serve Tinubu personally with the court documents.
A legal team led by Omosanya Popoola announced its appearance for the President and offered to accept the processes on his behalf.
Onu, however, declined the offer, explaining that the plaintiffs preferred to serve Tinubu personally or obtain an order permitting substituted service.
He told the court that the plaintiffs wanted to avoid any technical objection arising from the service of the processes because of the importance of the case.
Onu nevertheless indicated that the documents could be served through Tinubu’s lawyers if they produced written authorisation from the President permitting them to accept service.
The plaintiffs are challenging Tinubu’s eligibility to contest the 2027 presidential election over an alleged discrepancy involving the National Youth Service Corps discharge certificate submitted to INEC.
They alleged that the certificate bears the name “Tinubu Bola Adekunle,” whereas the President is officially known as “Bola Ahmed Tinubu.”
Atiku, who personally deposed to a 25-paragraph affidavit supporting the suit, alleged that the certificate did not belong to Tinubu and asked the court to determine whether its purported submission violated Section 137(1)(j) of the 1999 Constitution.
That constitutional provision disqualifies a person from election to the office of President if the person presents a forged certificate to INEC.
The plaintiffs are asking the court to disqualify Tinubu and the APC from participating in the 2027 presidential election if their allegations are established.
They are also challenging provisions of the Electoral Act 2026 which, according to them, restrict the persons entitled to institute pre-election qualification cases.
Atiku and the ADC argued that legislation enacted by the National Assembly could not prevent the enforcement of an express constitutional provision.
They further placed INEC on notice to produce Tinubu’s Form CF001 and other relevant documents purportedly submitted in connection with the 2023 and 2027 presidential elections.
The court has not determined the authenticity of the disputed certificate or any of the substantive allegations made by the plaintiffs.
Tinubu and the other defendants have also not presented their respective defences to the claims.
