Atiku Abubakar, the 2027 presidential candidate of the African Democratic Congress, and his party have applied to the Federal High Court in Abuja to amend their suit seeking the disqualification of President Bola Tinubu and the All Progressives Congress from participating in the 2027 presidential election. The application aims to correct errors in their originating filing, provide clearer copies of some exhibits, and detail their allegation of an allegedly forged National Youth Service Corps discharge certificate submitted to the Independent National Electoral Commission.
The suit, filed by Atiku and the ADC, challenges Tinubu's eligibility to contest the 2027 presidential election, alleging that the APC submitted a forged NYSC discharge certificate to INEC. However, the defendants have challenged the competence of the suit. On September 16, Judge Inyang Ekwo granted an order of substituted service, allowing the plaintiffs to serve the suit on the president through the APC.
During Monday's proceedings, lawyers representing the parties confirmed that processes relating to the application had been exchanged. Joseph Silas, representing Atiku and the ADC, stated that he had received responses from the defendants but was yet to receive Tinubu's counter-affidavit to the motion. Wole Olanipekun, representing Tinubu, confirmed that the counter-affidavit had been served on the plaintiffs on September 24.
Judge Ekwo confirmed the proof of service filed by Olanipekun and fixed October 13 for the hearing of the motion seeking leave to amend the originating summons. Atiku and the ADC filed the motion for notice on amendment on September 10, asking the court to grant them leave to amend their originating summons and deem the proposed amended originating summons as properly filed.
The plaintiffs stated that they noticed errors in the processes filed with the case, including wrongly describing INEC's Form EC9A as Form CF001. They also sought to set out the particulars of their alleged fraud against Tinubu more clearly by including a written deposition by Atiku and attaching clearer copies of exhibits. The plaintiffs maintained that the proposed amendments would not introduce a new issue or additional prayers.
Tinubu opposed the application in a counter-affidavit filed on September 24, arguing that the amendment would alter the questions for determination and the reliefs sought. The APC and INEC also opposed the motion, arguing that it would introduce a new cause of action or cure a jurisdictional defect after the expiration of the 14-day period prescribed by Section 285(9) of the Constitution.
In the substantive suit, Atiku and the ADC questioned Tinubu's NYSC discharge certificate submitted to INEC by the APC and alleged that the party submitted a forged certificate to the electoral commission. They asked the court to order INEC to remove Tinubu's name and that of the APC from the list of candidates and political parties for the 2027 presidential election.
Key points
- Atiku Abubakar and the ADC are seeking to amend their suit against President Bola Tinubu and the APC over the alleged forgery of Tinubu's NYSC discharge certificate.
- The defendants, including Tinubu, APC, and INEC, have opposed the application, arguing that it would introduce new causes of action or cure jurisdictional defects.
- The court has fixed October 13 for the hearing of the motion seeking leave to amend the originating summons.
