The Federal High Court in Abuja has scheduled September 28 for further proceedings in a high-profile suit seeking to stop President Bola Tinubu from running for re-election in 2027. The legal action, designated as suit FHC/ABJ/CS/1888/2026, was filed by former Vice President and 2023 African Democratic Congress (ADC) presidential candidate, Atiku Abubakar.

Alongside the ADC as the 2nd plaintiff, the suit names President Tinubu, the ruling All Progressives Congress (APC), and the Independent National Electoral Commission (INEC) as the 1st, 2nd, and 3rd defendants, respectively.

In a 25-paragraph personal affidavit supporting the suit, Atiku alleged that President Tinubu submitted an illegitimate National Youth Service Corps (NYSC) discharge certificate to INEC to qualify for the presidency. The plaintiffs pointed out that the document submitted to the electoral body bears the name "Tinubu Bola Adekunle."

• "I know that the NYSC certificate is clearly not one obtained by the 1st defendant, as it belongs to one Adekunle."

• "The said NYSC certificate, bearing the name Tinubu Bola Adekunle, is herein attached and marked as Exhibit P2."

• "I know that the said NYSC certificate is still in existence and in the custody of the 3rd defendant (INEC) and that it is a forgery, as the 1st defendant’s name is not Adekunle, and yet he submitted it to the 3rd defendant to be acted upon as genuine."

Atiku stated that Tinubu has continuously paraded the contested certificate since his 1999 gubernatorial campaign in Lagos State. Consequently, the plaintiffs asked the court to determine several constitutional questions:

• Whether the plaintiffs can enforce Section 137(1)(j) of the 1999 Constitution regarding presidential candidates, considering limitations in the Electoral Act 2026 and the Constitution.

• Whether the 1st and 2nd defendants should be disqualified for presenting a forged NYSC certificate to INEC for the 2023 and 2027 elections.

If these legal questions are resolved favorably, the plaintiffs seek a formal declaration that the 1st defendant breached constitutional provisions by presenting a forged certificate during the 1999 Lagos State governorship race, alongside an order barring the 1st and 2nd defendants from participating in the 2027 presidential election.

Court Proceedings and Legal Arguments

During Tuesday's session, a legal team led by Mr. Omosanya Popoola announced representation for President Tinubu. However, Atiku’s lawyer, Mr. Joseph Onu, stated they had not yet formally served Tinubu with the court process.

While Popoola assured the court that he was authorized to represent the President, Onu insisted on executing personal service or obtaining an order for substituted service due to the sensitivity of the case.

• Plaintiff's Stance: "My lord, this is a very important case, and we do not want to leave any chance for a technicality. We do not want to fall into any trap. But if we have a written undertaking from the 1st defendant to be served through counsel, we will accept."

• INEC's Stance: Represented by Dr. Alex Iziyon, SAN, INEC urged the court to bypass Atiku's demand for personal service, noting that counsel's appearance sufficed. Pointing out that 17 days had elapsed since filing, INEC requested an expedited hearing and confirmed readiness to file its defense within 10 days.

Presiding Justice Inyang Ekwo ruled that the court could not dictate how plaintiffs manage their litigation strategy and subsequently adjourned the matter for mention.

Concluding the session, Justice Ekwo issued a strict warning against public commentary regarding the ongoing litigation: