A Federal High Court sitting in Abuja has scheduled 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. The suit, which challenges President Bola Tinubu’s eligibility to contest the 2027 presidential election, was initially filed in August. The court, presided over by Justice Inyang Ekwo, had previously granted the plaintiffs permission to serve Tinubu through the All Progressives Congress after efforts to effect personal service on the President proved difficult.
The case centres primarily on an alleged discrepancy involving the name on a National Youth Service Corps discharge certificate submitted to the Independent National Electoral Commission and the President’s official name. This allegation forms part of the substantive issues yet to be determined by the court. The plaintiffs’ counsel, 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.
Counsel for President Tinubu, Wole Olanipekun, 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. Olanipekun alleged that the plaintiffs subsequently attempted to “deceive this court” by claiming that they were unable to serve the first defendant. The court had on September 16 granted the plaintiffs permission to serve Tinubu through the APC.
During the hearing, Justice Ekwo urged the lawyers to focus on the business of the day and provide something concrete. Silas subsequently informed the court of the plaintiffs’ application to amend their originating summons, saying counsel to the defendants had been put on notice of the application. After confirming that the lawyers had indeed been served with the application, Justice Ekwo adjourned the case.
The court’s decision to adjourn the case until October 13, 2026, allows the parties to prepare for the hearing of the motion to amend the originating summons. The plaintiffs’ application to amend their suit is expected to be heard on the scheduled date. The case has been closely watched, given its implications for the 2027 presidential election.
The Independent National Electoral Commission 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 APC had challenged the order granting permission for substituted service on Tinubu, arguing that his lawyers had already collected the originating processes and filed his defence before the application for substituted service was made.
Key points
- The Federal High Court in Abuja has scheduled October 13, 2026, for the hearing of a motion to amend a suit filed by Atiku Abubakar and the African Democratic Congress against President Bola Tinubu’s eligibility to contest the 2027 presidential election.
- The suit challenges Tinubu’s eligibility based on an alleged discrepancy in his National Youth Service Corps discharge certificate.
- The court had previously granted the plaintiffs permission to serve Tinubu through the All Progressives Congress after efforts to effect personal service proved difficult.
