The Federal High Court in Abuja has adjourned until October 13, 2026, the hearing on an application by former Vice-President Atiku Abubakar and the African Democratic Congress (ADC) seeking to amend their suit against President Bola Tinubu and the All Progressives Congress (APC). This development comes as part of a pre-election suit filed by Atiku and the ADC, challenging Tinubu's eligibility to contest the 2027 presidential election.
Atiku and the ADC had filed the application to amend their substantive suit on September 10, citing errors in their original court processes that needed correction and additional material to be introduced. The proposed amendments include a correction relating to an electoral document, with the plaintiffs seeking to refer to it as Form EC9A rather than Form CF001. They also aim to provide further particulars of their allegation of fraud and attach clearer copies of exhibits.
However, Tinubu has opposed the application, arguing that the proposed amendments go beyond correcting errors in the original processes. His legal team contends that the changes would introduce new facts, documents, questions for determination, and reliefs into the substantive case. Tinubu's lawyers have also challenged the competence of the original suit, arguing it was filed outside the constitutionally prescribed period for pre-election matters.
The Independent National Electoral Commission (INEC) has similarly opposed the proposed amendment, arguing that the changes would introduce a new cause of action and attempt to correct alleged defects in the original suit after the constitutional deadline for filing pre-election cases had elapsed. INEC's preliminary objection challenging the competence of the substantive suit is also pending before the court.
The main suit centres on an allegation by Atiku and the ADC that a forged National Youth Service Corps (NYSC) discharge certificate was submitted to INEC in connection with Tinubu's candidacy. Tinubu and the APC have denied the allegation and urged the court to dismiss the suit. Atiku and the ADC are asking the court to disqualify Tinubu and the APC from the 2027 presidential election and direct INEC to remove their names from the list of candidates and political parties for the election.
Justice Inyang Ekwo fixed the October 13 date after lawyers representing the parties informed the court that some processes relating to the application needed to be regularised. Counsel to Atiku and the ADC, Joseph Silas, told the court that he had received responses from the other defendants but was yet to receive Tinubu's counter-affidavit. However, counsel to the president, Wole Olanipekun, SAN, informed the court that Tinubu's counter-affidavit had already been served on the plaintiffs on September 24.
The court will now hear the plaintiffs' application to amend the originating summons on October 13. The outcome of that application will determine whether the proposed changes to the plaintiffs' court processes can be incorporated into the ongoing pre-election case. Key developments in this case include Atiku's bid to amend his suit, Tinubu's opposition to the amendment, and INEC's challenge to the suit's competence.
Key points
- The Federal High Court in Abuja has adjourned until October 13, 2026, the hearing on Atiku Abubakar's application to amend his suit against President Bola Tinubu and APC.
- Atiku and the ADC are challenging Tinubu's eligibility to contest the 2027 presidential election over allegations of a forged NYSC discharge certificate.
- Tinubu and INEC have opposed the proposed amendment, arguing it would introduce new facts and documents into the case.
