Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
The Federal High Court in Abuja, presided over by Justice Inyang Ekwo, has adjourned until September 28, 2026, the hearing of a suit filed by former Vice President Atiku Abubakar seeking to disqualify President Bola Tinubu from contesting the 2027 presidential election. The adjournment came after a legal logjam ensued over the service of court processes on President Tinubu, marking a significant procedural setback for the plaintiffs.
The suit, marked FHC/ABJ/CS/1888/2026, was brought by Atiku Abubakar, the presidential candidate of the African Democratic Congress (ADC), who is also the first plaintiff, with the ADC listed as the second plaintiff. The defendants are President Bola Tinubu, his political party, the All Progressives Congress (APC), and the Independent National Electoral Commission (INEC).
At the resumed hearing on Tuesday, September 1, 2026, Atiku's counsel, Joseph Onu Silas, informed the court that his client had been unable to effect personal service of the originating summons on President Tinubu, a requirement under the law. He subsequently sought an order for substituted service to allow the suit to proceed formally.
However, Omosanya Popoola, a Senior Advocate of Nigeria, who appeared for President Tinubu, announced his willingness to accept the court process on behalf of his client and urged Justice Ekwo to direct Atiku's lawyer to make the documents available to him in open court. In a move that stalled proceedings, Atiku's counsel insisted that Popoola must first provide a written undertaking confirming that he had the mandate of President Tinubu to represent him before the court documents could be handed over.
The legal contention deepened when INEC's counsel, Dr. Alex Izinyon, SAN, urged the court to order the service of the process through Tinubu's lawyer to allow proceedings to continue. Justice Ekwo, however, adjourned the matter to enable Atiku to "put his house in order". The judge also reportedly warned parties against discussing the case on social media or in the press.
Atiku's suit is centred on allegations that President Tinubu submitted a forged National Youth Service Corps (NYSC) discharge certificate to INEC as part of the documents used to establish his qualification for the presidency. In a 25-paragraph affidavit, Atiku alleged that the NYSC certificate submitted by Tinubu bore the name “Tinubu Bola Adekunle,” which he claimed was not the President's correct name, arguing that the document was therefore not genuinely issued to him. He further alleged that the same disputed certificate had been used by Tinubu since 1999 when he contested the Lagos State governorship election.
The plaintiffs are asking the court to determine whether the alleged submission of the certificate amounts to a violation of the constitutional provisions on eligibility to contest for the office of president. They are also seeking an order stopping Tinubu and the APC from participating in the 2027 presidential election on the grounds of the alleged presentation of a forged certificate.
Atiku is urging the court to invoke Sections 137(1)(j), 139(1)(a)(i), and 285(14)(c) of the 1999 Constitution (as amended), as well as provisions of the Electoral Act, 2026, to determine whether Tinubu can participate in the election. Section 137(1)(j) of the Constitution provides that a person shall not be qualified for election to the office of President if he has presented a forged certificate to INEC.
INEC's counsel, Alex Iziyon, had earlier argued that the presence of Tinubu’s lawyer was enough assurance that the President had notice of the case and asked the court to move quickly with the matter. However, Justice Ekwo adjourned the case, setting a new date for September 28, 2026, for further mention. The adjournment marks a procedural setback for Atiku's challenge, which seeks to bar the incumbent president from seeking re-election in 2027 over the disputed certificate.
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