Atiku Abubakar, the presidential candidate of the African Democratic Congress (ADC), has personally deposed to an affidavit at the Federal High Court in Abuja, initiating a formal legal suit to challenge the qualification of President Bola Ahmed Tinubu for the 2027 presidential election.

The legal action, brought forward by Atiku and the ADC, names President Tinubu, the All Progressives Congress (APC), and the Independent National Electoral Commission (INEC) as defendants. The suit invokes Sections 137(1)(j), 139(1)(a)(i), and 285(14)(c) of the 1999 Constitution (as amended), along with provisions of the Electoral Act, 2026.

Core Arguments and Allegations

The central focus of the lawsuit revolves around Section 137(1)(j) of the Nigerian Constitution, which disqualifies any individual from running for the office of President if they have presented a forged certificate to INEC.

According to the plaintiffs' affidavit, President Tinubu submitted an NYSC discharge certificate bearing the name "Tinubu Bola Adekunle" for both the 2023 and 2027 elections, which differs from his known name, Bola Ahmed Tinubu. The suit asks the court to determine whether this document constitutes a valid certificate obtained by the President and whether the discrepancies warrant disqualification under constitutional provisions.

Additionally, the plaintiffs have placed INEC on notice to produce Form CF001 submitted by Tinubu for the 2023 and 2027 electoral cycles, noting that previous requests for certified true copies went unanswered prior to filing the suit.

Challenge to the Electoral Act, 2026

Beyond the certificate allegations, the legal team is challenging specific provisions of the Electoral Act, 2026. The plaintiffs argue that the legislation improperly restricts who may challenge a candidate's qualifications during the pre-election stage and limits grounds for questioning an election as envisioned by Section 139(a)(i) of the Constitution.

The legal team contends that ordinary legislation cannot override express constitutional provisions, maintaining that the Constitution remains the supreme law of the land when statutory restrictions conflict with constitutional standards.

Legal Representation and Next Steps

The originating summons asks the Federal High Court to determine whether the statutory restrictions can prevent the enforcement of Section 137(1)(j) and whether the court should order the disqualification of President Tinubu and the APC from the 2027 ballot should the allegations be proven.

Counsel to the plaintiffs, comprising Edwin Inegedu, SAN, and Joseph Onu Silas, Esq., expressed full confidence in the merits of the case. The legal team stated that they have thoroughly reviewed the relevant laws, submitted their arguments for judicial examination, and are prepared to proceed once the defendants are formally served.