A Federal High Court in Abuja has granted permission to African Democratic Congress (ADC) presidential candidate Atiku Abubakar to serve President Bola Tinubu with court documents via substituted service in a lawsuit challenging the President’s eligibility for the 2027 general election.
Presiding Judge Inyang Ekwo approved the ex parte motion presented by Atiku’s counsel, Olanrewaju Omotayo-Ojo, ordering that the processes be served on President Tinubu through the All Progressives Congress (APC) within seven days.
The order followed the plaintiffs’ inability to effect personal service of the originating processes on President Tinubu in the suit marked FHC/ABJ/CS/1888/2026.
In the lawsuit, President Bola Tinubu, the All Progressives Congress (APC), and the Independent National Electoral Commission (INEC) are listed as the first, second, and third defendants, respectively, while Atiku Abubakar and the African Democratic Congress (ADC) serve as the plaintiffs.
During the proceedings, Olanrewaju Omotayo-Ojo, appearing on behalf of Silas Onu, informed the court that the application for substituted service was filed following the failure of initial attempts to serve President Tinubu in person.
Justice Inyang Ekwo ordered that service be effected within seven days after counsel indicated the plaintiffs’ readiness to carry out the process.
The presiding judge subsequently adjourned the matter to September 28 for further proceedings.
Atiku and the ADC are contesting President Tinubu’s eligibility for the 2027 election based on allegations involving a forged NYSC discharge certificate.
In the lawsuit, Atiku asserts that Tinubu submitted false information to INEC by presenting a discharge certificate bearing the name “Tinubu Bola Adekunle”.
The plaintiffs are relying on Section 137(1)(j) of the 1999 Constitution (as amended), which mandates the disqualification of any presidential candidate who presents a forged certificate to the electoral body.
Backstory…
The plaintiffs are seeking a judicial declaration that President Bola Tinubu presented a forged certificate, aiming to bar both Tinubu and the All Progressives Congress (APC) from participating in the 2027 presidential election.
In response, Tinubu and the APC denied submitting any forged documents to the Independent National Electoral Commission (INEC) for either the 2023 or 2027 presidential polls.
In a joint counter-affidavit filed on September 9, the President and his party urged the court to dismiss the lawsuit, arguing that the plaintiffs lack the requisite locus standi to institute the action and that the suit is legally incompetent.
Furthermore, they refuted the claims by Atiku Abubakar and the African Democratic Congress (ADC) regarding the submission of Form CF001 to INEC for the 2023 or 2027 elections.
However, INEC has independently contested the suit’s competence on a number of grounds, including statutory bar, lack of locus standi, lack of a valid cause of action, and misuse of court procedure.
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