Court Orders Tinubu to Be Served With Atiku’s Suit Seeking His Disqualification

The Federal High Court sitting in Abuja has ordered that President Bola Ahmed Tinubu be served within seven days with a suit filed by former Vice President Atiku Abubakar and the African Democratic Congress (ADC), seeking his disqualification from the 2027 presidential election over an alleged forged National Youth Service Corps (NYSC) discharge certificate.

Justice Inyang Ekwo made the order on Wednesday after hearing an application by Atiku’s legal team. The judge approved substituted service of the court processes on Tinubu through his political party, the All Progressives Congress (APC).

The suit, marked FHC/ABJ/CS/1888/2026, was filed by Atiku, with the ADC joined as the second plaintiff. Tinubu, the APC and the Independent National Electoral Commission (INEC) are listed as the first to third defendants.

In the case, Atiku alleged that Tinubu submitted a forged NYSC discharge certificate to INEC as part of documents used to establish his eligibility for the presidential election.

Atiku, in a 25-paragraph affidavit personally deposed to in support of the suit, claimed that the disputed certificate bears the name “Tinubu Bola Adekunle”, rather than Bola Ahmed Tinubu.

He alleged that the certificate did not belong to the President and was submitted to INEC as genuine.

Atiku is asking the court to determine whether the alleged submission of the certificate falls within the constitutional provisions dealing with the disqualification of a presidential candidate who presents a forged certificate to INEC.

Among the reliefs sought by the plaintiffs is an order disqualifying Tinubu and the APC from participating in the 2027 presidential election.

The plaintiffs also want the court to declare that Tinubu breached Section 137(1)(j) of the 1999 Constitution, as amended, by allegedly presenting a forged certificate to INEC.

The court had earlier fixed September 28 for further proceedings in the matter.

However, the issue of service had become a major point of contention after Atiku’s legal team said it had been unable to personally serve Tinubu with the originating processes.

Tinubu’s lawyers had previously indicated their willingness to receive the processes on his behalf, but the plaintiffs insisted on personal service, citing the importance of the case.

The latest order now permits substituted service through the APC, giving the case a path to proceed despite the earlier difficulty in serving the President personally.

Meanwhile, Tinubu and the APC have rejected the allegations contained in the suit and are asking the court to dismiss the case.

In their counter-affidavit, the defendants denied submitting any forged certificate to INEC for either the 2023 or 2027 presidential elections. They also disputed the plaintiffs’ reference to Form CF001, maintaining that the document was not submitted as alleged.

The defendants have also challenged Atiku and the ADC’s legal standing to institute the action, arguing that they did not participate in the APC presidential primary that produced Tinubu as the party’s candidate.

Their legal team further contends that allegations of forgery are criminal in nature and must be established to the required standard of proof. They argued that the plaintiffs had not produced evidence from the NYSC disclaiming the certificate in question.

The suit has also undergone an attempted amendment by Atiku and the ADC. The plaintiffs sought permission to correct references to INEC forms, including changing the description of the relevant form from Form CF001 to Form EC9A, while also seeking to provide clearer copies of some exhibits and further particulars of their allegations.

The court is expected to continue hearing the matter on September 28.

The allegations contained in the suit remain claims by Atiku and the ADC and have not been judicially established. Tinubu and the APC have denied wrongdoing and are contesting the case in court.