The Federal High Court in Abuja has ordered that President Bola Tinubu be served within seven days with a suit filed by former Vice President and African Democratic Congress (ADC) presidential candidate, Atiku Abubakar, challenging his eligibility to contest the 2027 presidential election.
Justice Inyang Ekwo issued the order on Wednesday after granting Atiku’s application for substituted service, allowing the court documents to be served on Tinubu through his political party, the All Progressives Congress (APC).
The order followed a motion moved by Atiku’s lawyer, Olanrewaju Omotayo-Ojo, who appeared in place of Silas Onu.
The suit, marked FHC/ABJ/CS/1888/2026, was filed by Atiku with the ADC as the second plaintiff. Tinubu, the APC and the Independent National Electoral Commission (INEC) are listed as the first to third defendants respectively.
Atiku is asking the court to disqualify Tinubu and the APC from participating in the 2027 presidential election over allegations concerning certificates allegedly submitted to INEC.
In a 25-paragraph affidavit filed in support of the case, Atiku alleged that Tinubu submitted a National Youth Service Corps (NYSC) discharge certificate bearing the name “Tinubu Bola Adekunle” to INEC.
“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 averred.
He also alleged that the certificate had been used since 1999, when Tinubu contested the Lagos State governorship election.
Among the questions Atiku wants the court to determine is whether the alleged submission of the certificate breached constitutional provisions concerning the presentation of forged certificates by candidates seeking elective office.
The plaintiffs are consequently seeking an order disqualifying Tinubu and the APC from participating in the 2027 presidential election over the alleged certificate issue.
The case had earlier been scheduled for further proceedings on September 28. The court’s latest order gives the plaintiffs seven days to effect substituted service through the APC.
Meanwhile, INEC has challenged the competence of the suit and urged the court to dismiss it.
There has also been disagreement over legal representation for Tinubu, with two Senior Advocates of Nigeria, Akin Olujinmi and Wole Olanipekun, separately filing processes in the case.
Olujinmi, in a counter-affidavit filed on Tinubu’s behalf, argued that Atiku’s case was statute-barred and that the period allowed for bringing the action had elapsed. He also challenged Atiku’s legal standing to question documents submitted by the APC.
Olanipekun, who also identified himself as Tinubu’s lawyer, filed a preliminary objection and counter-affidavit seeking the dismissal of the suit, describing it as incompetent and an abuse of court process.
In a letter dated September 10 to the Deputy Chief Registrar of the Federal High Court, Olanipekun said Tinubu had instructed him to lead a team of lawyers to represent him in the matter.
“On or about 14th August, 2026, the public was inundated with news reports of not just the filing of the action, but also narratives of the issues purportedly submitted for the court’s consideration by the plaintiffs.
“Despite this, our client has not been served with the originating processes till date. When our client got wind that the matter would be coming up for mention before the Honourable Court on 1st September, 2026, he instructed us to appear for him, pursuant to which a member of his legal team, Prince Omosanya Popoola, SAN, appeared in court, not only to represent him, but also to collect the processes filed by the plaintiffs on his behalf, as per his instruction.
“The appearance of Prince Omosanya Popoola, SAN, on the said day is on the court’s record. Surprisingly, the plaintiffs’ counsel objected to this harmless but very reasonable application by counsel to collect the processes in open court.
“To date, our client remains the only party that has not been served with the originating processes. Further to the foregoing, we hereby (on our client’s instruction) formally apply that the court provide us with either the service copy (of the originating processes) meant for our client or a certified true copy of the said originating processes, to enable the immediate filing of his response to the plaintiffs’ suit.
“This is not only in furtherance of his right to a fair hearing, but also in demonstration of the fact that our client has nothing to hide.
“Kindly bring this letter to the urgent attention of the Honourable Presiding Judge.
“We undertake to pay the necessary fees for the certified true copies,” the letter added.
The plaintiffs have also asked the court for permission to amend parts of the suit, including correcting the name of the INEC form they alleged was used to attach the disputed certificates. They initially referred to the form as Form CF001 but now seek to change it to Form EC9.
The allegations in the suit remain matters before the court and have not been judicially determined. Tinubu and the APC have opposed the case and asked the court to dismiss it.
