By John Azu
A Federal High Court in Abuja has adjourned until October 13 the hearing of an application seeking to amend the processes in a suit filed by former Vice President and African Democratic Congress (ADC) presidential candidate, Atiku Abubakar, challenging President Bola Tinubu’s eligibility to contest the 2027 presidential election over an alleged forged academic record.
Justice Inyang Ekwo granted the adjournment on Monday to enable the parties to regularise and exchange their processes on the proposed amendment.
Atiku’s counsel, Joseph Silas Onu, told the court that he had not received a counter-affidavit from Tinubu in response to the motion to amend, although other respondents had filed their replies.
However, counsel to Tinubu, Wole Olanipekun (SAN), said he had served Atiku with the response on September 24, adding that it had been acknowledged.
The suit, which also has the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) as respondents, followed Atiku’s personal appearance at the court registry to depose to an affidavit in support of his application for Tinubu to produce his Form CF001 submitted to INEC.
The suit relies, among other provisions, on Sections 137(1)(j), 139(1)(a)(i) and 285(14)(c) of the 1999 Constitution (as amended), as well as relevant provisions of the Electoral Act, 2026.
Atiku contends that Section 137(1)(j) of the Constitution disqualifies a person from election as president if he has presented a forged certificate to INEC.
He is therefore asking the court to determine whether Tinubu and the APC should be disqualified from the 2027 presidential election over the alleged presentation of a forged National Youth Service Corps (NYSC) certificate to INEC in connection with the 2023 and 2027 presidential elections.
In his affidavit, Atiku alleged that Tinubu submitted an NYSC discharge certificate to INEC bearing the name “Tinubu Bola Adekunle”, which he said differs from the President’s name, Bola Ahmed Tinubu.
He further alleged that the NYSC certificate was not obtained by Tinubu as represented in connection with the 2027 presidential election.
Atiku has also asked INEC to produce Tinubu’s Form CF001 submitted for the 2023 and 2027 presidential elections, alleging that the electoral body failed to respond to earlier requests for certified true copies of the relevant forms.
Meanwhile, two Senior Advocates of Nigeria, Akin Olujinmi and Wole Olanipekun, have filed separate responses challenging the suit, even before personal service was effected on the President.
The lawyers separately challenged the competence of the suit and Atiku’s locus standi to question Tinubu’s academic credentials submitted to INEC, relying on Section 29(5) of the Electoral Act, 2026.
In a counter-affidavit filed on Tinubu’s behalf, Olujinmi argued that the suit was statute-barred, contending that the certificates were submitted to INEC before August 1 and that the 14-day period prescribed for bringing such an action had elapsed.
He also argued that Atiku, as a member of the ADC, lacked the legal standing to challenge actions allegedly taken by the APC.