Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
The Federal High Court in Abuja has fixed November 20, 2026, to deliver its ruling on an application by former Vice-President Atiku Abubakar and the African Democratic Congress (ADC) seeking permission to amend their suit challenging President Bola Tinubu’s eligibility to contest the 2027 presidential election.
Justice Inyang Ekwo fixed the date on Tuesday, October 13, after lawyers representing Atiku and the ADC, Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) presented arguments for and against the application.
Atiku and the ADC had filed the substantive suit seeking an order to disqualify Tinubu and the APC from the 2027 presidential election over allegations concerning the President’s National Youth Service Corps (NYSC) discharge certificate submitted to INEC.
The plaintiffs alleged that the certificate submitted to the electoral commission was forged and asked the court to compel INEC to remove Tinubu and the APC from the list of candidates and political parties for the election.
However, Tinubu and the APC have denied submitting a forged certificate, maintaining that the NYSC has never denied issuing the discharge certificate to the President after his service year.
Atiku’s counsel, Joseph Silas, told the court that the application to amend the originating summons was dated September 4 and filed on September 10. He urged the judge to grant the requested amendments.
The plaintiffs said they wanted to correct errors in the description of documents attached to their case, including the reference to Form CF001 instead of Form EC9A. They also sought to provide further particulars of the alleged fraud, include Atiku’s written deposition and attach clearer copies of relevant exhibits.
They maintained that the proposed amendments were necessary to address the identified shortcomings and advance the interests of justice.
Tinubu’s counsel, Wole Olanipekun, SAN, opposed the application, arguing that the court lacked jurisdiction to grant it and that the suit was statute-barred. He contended that the proposed changes went beyond correcting errors and would effectively introduce a new action.
APC’s counsel, Akin Olujinmi, SAN, also urged the court to dismiss the application, while INEC’s counsel, Alex Izinyon, SAN, adopted a similar position.
INEC had challenged the competence of the substantive suit on several grounds, including alleged failure to comply with pre-election procedural requirements and the constitutional time limit for instituting such actions.
Tinubu and the APC have equally asked the court to dismiss the substantive suit, arguing that the plaintiffs lack the legal basis to maintain it. Their objections remain separate from the application to amend the originating summons.
The November 20 ruling will determine whether Atiku and the ADC can proceed with the proposed amendments. It will not, by itself, determine the substantive allegations against Tinubu or decide his eligibility to contest the 2027 presidential election.
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