The Federal High Court in Abuja has granted former Vice President Atiku Abubakar permission to serve President Bola Tinubu with court documents through the All Progressives Congress (APC) in a suit challenging Tinubu’s eligibility to contest the 2027 presidential election.
Justice Inyang Ekwo granted the application on Wednesday while ruling on an ex parte motion filed by Atiku’s counsel, O.T. Omotayo-Ojo, seeking an order for substituted service.
The suit, filed by Atiku and the African Democratic Congress (ADC), alleges that a forged National Youth Service Corps (NYSC) discharge certificate was submitted to the Independent National Electoral Commission (INEC) in connection with Tinubu’s candidacy. The allegation is before the court and has been denied by Tinubu and the APC.
The case, marked FHC/ABJ/CS/1888/2026, lists Tinubu, the APC and INEC as the first, second and third defendants, respectively. Atiku and the ADC are asking the court to compel INEC to remove the names of Tinubu and the APC from the list of candidates and political parties for the 2027 presidential election.
Court Orders Service Within Seven Days
While moving the application, Omotayo-Ojo told the court that the plaintiffs had been unable to personally serve Tinubu with the originating summons and other court processes.
He therefore asked the court to allow the documents to be served through the APC, which is also a defendant in the case.
Justice Ekwo granted the application and, following an undertaking by Omotayo-Ojo that the plaintiffs would complete service within seven days, ordered that the processes be served within that period.
The court subsequently adjourned the matter until September 28, 2026, for mention.
Tinubu, APC Challenge Suit
Tinubu and the APC have filed a joint counter-affidavit asking the court to dismiss the case, arguing that the suit is incompetent and that Atiku and the ADC lack the legal standing to institute it.
They also deny submitting any forged certificate to INEC for either the 2023 or 2027 elections. According to their court filings, the NYSC has not denied issuing a discharge certificate to Tinubu.
Their counsel, Chief Akin Olujinmi, SAN, argued that an allegation of forgery is a criminal allegation that must be proved beyond reasonable doubt. He further argued that the plaintiffs had not produced evidence from the NYSC disclaiming the issuance of the certificate in question.
Olujinmi also challenged the suit on the grounds that it is a pre-election matter and argued that the plaintiffs lacked the necessary legal standing to challenge Tinubu’s candidacy.
INEC Also Seeks Dismissal
INEC has separately filed a preliminary objection challenging the competence of the case.
The electoral commission raised several grounds, including alleged statute-bar, lack of locus standi, absence of a reasonable cause of action and alleged abuse of court process.
INEC also argued that the plaintiffs failed to comply with the written deposition requirement under Paragraph 7(1) of the Federal High Court Pre-Election Practice Directions (Amendment) 2026.
The court has yet to determine the substantive allegations concerning Tinubu’s eligibility or the alleged certificate. The next mention of the case is scheduled for September 28.
