The Federal High Court in Abuja has fixed October 13 for the hearing of an application filed by Alhaji Atiku Abubakar, presidential candidate of the African Democratic Congress (ADC), seeking to amend his suit against President Bola Tinubu and the All Progressives Congress (APC). Justice Inyang Ekwo fixed the date to allow parties in the suit to regularise their processes.
Atiku and the ADC had filed a suit against President Tinubu and the APC, questioning the authenticity of Tinubu's National Youth Service Corps (NYSC) discharge certificate submitted to the Independent National Electoral Commission (INEC). They alleged that the APC submitted a forged NYSC discharge certificate to INEC and prayed the court to disqualify Tinubu and the APC from the 2027 presidential election.
President Tinubu and the APC have filed a joint counter affidavit, praying the court to dismiss the suit for being incompetent and lacking in merit. They denied submitting any forged certificate to INEC and stated that the NYSC has never denied issuing the discharge certificate to Tinubu. The duo cited a previous Supreme Court decision to back their argument that a disclaimer from the institution that issued the certificate is required to prove forgery.
The Independent National Electoral Commission (INEC) has also filed a preliminary objection, challenging the competence of the suit on the grounds of statute-bar, want of locus standi, absence of a reasonable cause of action, and abuse of court process. INEC argued that the plaintiffs failed to comply with the mandatory written deposition requirement under the Federal High Court Pre-Election Practice Directions (Amendment) 2026.
Atiku and the ADC have filed a motion seeking to amend their suit, citing errors in the nomenclature of the INEC forms attached to their affidavit and the need to specifically set out the particulars of the alleged fraud. They prayed the court to grant them leave to amend their originating summons and deem the amended originating summons as properly filed.
President Tinubu has opposed the application to amend the suit, arguing that the amendment seeks to introduce new documents and an entirely new relief not sought in the originating summons. Tinubu's counter affidavit, deposed to by Moses Adoga, a litigation support officer, stated that the plaintiffs' motion was misconceived and that the entire facts deposed to in the affidavit in support of the motion were untrue or skewed to mislead the court.
The court's decision on the motion to amend the suit will determine the next step in the case. The plaintiffs are seeking to amend their suit to correct errors and add new information, while the defendants are opposing the amendment. The case is closely watched as it involves allegations of forgery against the President and the APC.
Key points
- The Federal High Court in Abuja has scheduled a hearing on Alhaji Atiku Abubakar's motion to amend his suit against President Bola Tinubu and the APC.
- Atiku and the ADC are challenging the authenticity of Tinubu's NYSC discharge certificate.
- The court will determine whether to grant Atiku's motion to amend his suit.
