The Federal High Court in Abuja has adjourned till October 13, 2026, for the hearing of a motion to amend the originating summons in a suit filed by former Vice President Atiku Abubakar and the African Democratic Congress against President Bola Tinubu. The suit, marked FHC/ABJ/CS/1888/2026, was slated for further mention before Justice Inyang Ekwo.
Counsel for the plaintiffs, Joseph Silas, informed the court that processes had been served on all the defendants within the stipulated period, and that the plaintiffs had received and responded to their processes. Dispute over service of the processes on the first defendant had stalled proceedings in the case.
The case had stalled due to a dispute over service of processes on President Tinubu. Counsel for the President, Chief Wole Olanipekun, SAN, reminded the court that at a previous hearing on September 1, 2026, counsel for the second defendant, Popoola Owosanya, had offered to receive the court processes on behalf of the first defendant.
The plaintiffs' counsel had rejected the offer and later approached the court for an order permitting substituted service on Tinubu, alleging that the plaintiffs subsequently attempted to “deceive this court” by claiming that they were unable to serve the first defendant. Justice Ekwo urged the lawyers to focus on the business of the day.
The plaintiffs, Atiku Abubakar and the ADC, instituted the suit in August, challenging Tinubu’s eligibility to contest the 2027 presidential election. Their case centres primarily on an alleged discrepancy involving the name on a National Youth Service Corps discharge certificate submitted to INEC and the President’s official name.
INEC has also filed a response challenging the competence of the action, including arguments relating to the plaintiffs’ locus standi and alleged abuse of court process. The court had on September 16 granted the plaintiffs permission to serve Tinubu through the APC after the plaintiffs told the court that efforts to effect personal service on the President had proved difficult.
The order had been challenged by the APC, which argued that Tinubu’s lawyers had already collected the originating processes and filed his defence before the application for substituted service was made. The court will now hear the motion to amend the originating summons on October 13, 2026.
Key points
- The Federal High Court in Abuja has adjourned till October 13, 2026, the hearing of a motion to amend a suit filed by Atiku Abubakar and ADC against President Bola Tinubu.
- The suit challenges Tinubu's eligibility to contest the 2027 presidential election due to an alleged discrepancy in his NYSC discharge certificate.
- INEC has filed a response challenging the competence of the action, including arguments relating to the plaintiffs' locus standi and alleged abuse of court process.
