A Federal High Court in Abuja has adjourned a suit filed by former Vice President Atiku Abubakar and the African Democratic Congress (ADC) against President Bola Tinubu, the All Progressives Congress (APC), and the Independent National Electoral Commission (INEC). The suit, marked FHC/ABJ/CS/1888/2026, was adjourned till October 13, 2026, for the hearing of a motion to amend the originating summons. The plaintiffs are challenging Tinubu's eligibility to contest the 2027 presidential election.
The court had previously granted the plaintiffs permission to serve Tinubu through the APC after they claimed that efforts to effect personal service on the President had proved difficult. However, the APC challenged the order, arguing that Tinubu's lawyers had already collected the originating processes and filed his defence before the application for substituted service was made. The plaintiffs' counsel, Joseph Silas, informed the court that processes had been served on all the defendants within the stipulated period.
The suit instituted by Atiku and the ADC in August 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. The allegation forms part of the substantive issues yet to be determined by the court. 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.
Counsel for the President, Chief Wole Olanipekun, SAN, reminded the court that at a previous hearing on September 1, 2026, counsel for the APC had offered to receive the court processes on behalf of the President. However, the plaintiffs' counsel had rejected the offer and later approached the court for an order permitting substituted service on Tinubu. Justice Inyang Ekwo urged the lawyers to focus on the business of the day.
The plaintiffs' counsel informed the court of the plaintiffs' application to amend their originating summons, and the defendants' lawyers were confirmed to have been served with the application. Justice Ekwo adjourned the case till October 13, 2026, for the hearing of the motion to amend the originating summons. The court is yet to determine the substantive issues in the suit.
Atiku and the ADC are challenging Tinubu's eligibility to contest the 2027 presidential election based on the alleged discrepancy in his NYSC discharge certificate. The plaintiffs claim that Tinubu's name on the certificate does not match his official name. The court will hear the motion to amend the originating summons on October 13, 2026.
The outcome of the suit may have implications for Tinubu's eligibility to contest the 2027 presidential election. The court will determine whether the alleged discrepancy in Tinubu's NYSC discharge certificate is sufficient to challenge his eligibility. The plaintiffs and defendants will present their arguments on October 13, 2026.
Key points
- The court adjourned the suit till October 13, 2026, for the hearing of the motion to amend the originating summons.
- The plaintiffs are challenging Tinubu's eligibility based on an alleged discrepancy in his NYSC discharge certificate.
- INEC has challenged the competence of the action, including arguments relating to the plaintiffs' locus standi and alleged abuse of court process.
