By John Azu
Former Vice President and presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, has filed a suit at the Federal High Court in Abuja challenging President Bola Ahmed Tinubu’s qualification to contest the 2027 presidential election over an alleged forged National Youth Service Corps (NYSC) certificate.
Atiku, who personally appeared at the court registry to depose to an affidavit in support of the suit, is asking the Independent National Electoral Commission (INEC) to produce Tinubu’s Form CF001 submitted in connection with the 2023 and 2027 presidential elections.
The suit, which also joined the All Progressives Congress (APC) as a defendant, 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.
At the centre of the suit is Section 137(1)(j) of the Constitution, 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.
Atiku is therefore asking the court to determine whether Tinubu and the APC should be disqualified from the 2027 presidential election over the allegation that the President presented a forged NYSC certificate to INEC in connection with the 2023 and 2027 elections.
In his affidavit, Atiku alleges that Tinubu submitted an NYSC discharge certificate to INEC bearing the name “Tinubu Bola Adekunle”, which he contends differs from the President’s name, Bola Ahmed Tinubu.
The affidavit further alleges that the disputed certificate was not obtained by Tinubu but was presented as his in documents submitted for the 2027 presidential election.
Atiku has also put INEC on notice to produce Tinubu’s Form CF001 submitted for the 2023 and 2027 presidential elections.
According to the affidavit, Atiku had earlier requested certified true copies of the relevant forms from INEC but received no response before commencing the suit.
Speaking after deposing to the affidavit, Atiku said his decision to personally appear at the court registry was deliberate.
“I came here personally because the issues before the court go to the heart of our Constitution and the integrity of the office of the President. I cannot ask Nigerians to respect the Constitution while treating a matter of this magnitude casually.
“I have therefore put my name, my signature and my oath behind the facts we are presenting to the court.
“Now it is President Tinubu’s turn to answer them,” he said.
The latest legal action comes against the backdrop of the legal battle that followed the 2023 presidential election, when Atiku and the Labour Party presidential candidate, Peter Obi, challenged Tinubu’s victory.
During the proceedings, Atiku had sought access to academic records from Chicago State University relating to Tinubu. The Supreme Court, however, held that the fresh materials relied upon by Atiku had not been tendered and adjudicated upon at the lower court, a situation that affected the court’s jurisdiction to entertain the matter at that stage.
The apex court’s position underscored the importance of raising issues concerning a candidate’s qualification through the appropriate pre-election legal process.
In the latest suit, Atiku is now asking the Federal High Court to determine the allegations before the 2027 election.
Defending the decision to institute the action, Atiku said the issue should be treated as a matter of constitutional compliance rather than political rivalry.
“Nobody should misunderstand what is at stake. Nigerian graduates cannot complete NYSC documentation with one identity and simply ask employers to ignore discrepancies. Young Nigerians seeking ordinary jobs are subjected to rigorous scrutiny of their certificates. The standard cannot suddenly disappear because the applicant is seeking the highest office in the land.
“The Presidency is not an immunity certificate against constitutional scrutiny,” he noted.
Atiku also called on INEC to demonstrate its neutrality by making the relevant electoral records available to the court.
His affidavit states that INEC, as a neutral public institution, has a responsibility to uphold the Constitution regardless of whose political interest may be affected by the disclosure of the records.
“INEC is holding the documents. The court has the jurisdiction to examine the issues. President Tinubu has the opportunity to defend himself. That is the constitutional process, and nobody should be afraid of it,” he said.
Atiku added: “The 2027 election must begin with clarity about the qualifications of those seeking the Presidency. Nigerians should not be asked to vote first and investigate later.”
The allegations contained in the suit are yet to be determined by the court, while Tinubu, the APC and INEC will have the opportunity to respond to the claims as the proceedings progress.