By John Azu
A Federal High Court in Abuja has granted former Vice President and presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, permission to serve court documents on President Bola Tinubu by substituted means in a suit challenging Tinubu’s eligibility to contest the 2027 presidential election.
Justice Inyang Ekwo granted the order on Wednesday following an ex parte application filed by Atiku and the ADC in the suit challenging Tinubu’s academic qualifications and alleged submission of a forged certificate to the Independent National Electoral Commission (INEC).
The judge directed that the court papers be served on Tinubu within seven days and fixed September 28 for mention of the case.
Counsel for Atiku, Joseph Silas Onu, whose brief was held by T. Omotayo-Ojo, moved the application.
Onu had told the court on September 1 that his client had been unable to personally serve Tinubu with the originating summons, prompting the application for substituted service.
In the suit, which has INEC and the All Progressives Congress (APC) as defendants, Atiku is asking the court to determine whether Tinubu should be disqualified from the 2027 presidential election over the alleged submission of a forged National Youth Service Corps (NYSC) certificate to INEC in connection with the 2023 and 2027 elections.
Atiku had personally appeared at the court registry to depose to an affidavit in support of his case, asking the court to compel Tinubu to produce his Form CF001 submitted to INEC.
The suit invokes, among other provisions, 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.
Specifically, Atiku relies on Section 137(1)(j) of the Constitution, which provides that a person is not qualified for election as President if he has presented a forged certificate to INEC.
In his affidavit, Atiku alleged that Tinubu submitted an NYSC discharge certificate to INEC bearing the name “Tinubu Bola Adekunle”, which differs from the name “Bola Ahmed Tinubu”.
He further alleged that the NYSC certificate was not obtained by Tinubu as represented in documents submitted in connection with the 2027 presidential election.
Atiku has also placed INEC on notice to produce Tinubu’s Form CF001 submitted for the 2023 and 2027 presidential elections. He said the electoral commission had failed to respond to earlier requests for certified true copies of the relevant documents.
However, two Senior Advocates of Nigeria, Akin Olujinmi and Wole Olanipekun, have filed separate responses challenging the suit, even before personal service is effected on Tinubu.
The lawyers separately questioned the competence of the action and Atiku’s locus standi to challenge 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 Atiku’s case was statute-barred, contending that the relevant certificates were submitted to INEC before August 1 and that the 14-day period prescribed for such litigation had expired.
He also argued that Atiku, as a member of the ADC, had no legal right to challenge matters relating to the APC.
Similarly, Olanipekun, who identified himself as Tinubu’s counsel, filed a preliminary objection and counter-affidavit seeking the dismissal of the suit.
He described the action as incompetent and an abuse of court process.
In a letter dated September 10 and addressed to the Deputy Chief Registrar of the court, Olanipekun said Tinubu had briefed him to lead a team of lawyers to represent and defend his interests in the matter.
In the letter, he stated: “On or about 14th August, 2026, the public was inundated with news reports of not just the filing of the action, but also narratives of the issues purportedly submitted for the court’s consideration by the plaintiffs.”