The Federal High Court in Abuja has authorised former Vice-President Atiku Abubakar to serve President Bola Tinubu with court documents through the All Progressives Congress in a suit challenging the President’s eligibility to contest the 2027 presidential election.

Justice Inyang Ekwo granted the order on Wednesday following an ex parte application moved by Atiku’s counsel, O.T. Omotayo-Ojo.

Omotayo-Ojo, who appeared for the plaintiffs on behalf of Silas Onu, informed the court that attempts to serve the originating processes personally on Tinubu had been unsuccessful.

The lawyer consequently asked the court to permit substituted service by delivering the processes to the APC, which is the second defendant in the suit.

After hearing the application, Justice Ekwo granted the request and directed that service be completed within seven days.

The judge adjourned the matter until September 28 for mention.

Atiku and the African Democratic Congress instituted the action against Tinubu, the APC and the Independent National Electoral Commission as first, second and third defendants, respectively.

The suit, marked FHC/ABJ/CS/1888/2026, seeks Tinubu’s disqualification from participating in the 2027 presidential election.

The plaintiffs alleged that a purportedly forged National Youth Service Corps discharge certificate belonging to Tinubu was submitted to INEC.

They asked the court to compel the electoral commission to remove Tinubu and the APC from the list of candidates and political parties participating in the presidential election.

Tinubu and the APC have denied submitting a forged certificate to INEC for either the 2023 or 2027 presidential election.

In a joint counter-affidavit filed on September 9, they argued that the suit was incompetent and that the plaintiffs lacked the legal standing to institute it.

The defendants, through the APC Director of Legal Services, Sanusi Samaila, also contended that they did not submit Form CF001 to INEC for either election as alleged by the plaintiffs.

They maintained that the NYSC had not denied issuing Tinubu a discharge certificate at the end of his national service.

Their lawyer, Akin Olujinmi, SAN, argued that an allegation of forgery was criminal in nature and must be proved beyond reasonable doubt under Section 135(1) of the Evidence Act.

Olujinmi contended that Atiku and the ADC had not produced any disclaimer from the NYSC stating that the disputed certificate was not issued by the agency.

He described the suit as hypothetical, academic and incompetent, arguing that the plaintiffs lacked the legal standing to challenge Tinubu’s nomination as the APC presidential candidate.

INEC also filed a preliminary objection challenging the competence of the action.

The commission, through its counsel, Alex Izinyon, SAN, argued that the action was statute-barred, disclosed no reasonable cause of action and constituted an abuse of court process.

INEC further alleged that the plaintiffs failed to comply with the written-deposition requirement under the Federal High Court Pre-Election Practice Directions (Amendment) 2026.

The court’s substituted-service order is procedural and does not amount to a determination of the forgery allegation or Tinubu’s eligibility to participate in the election.

______________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence

Interested buyers are encouraged to place their orders and enquiries via: 0704 444 4777, 0704 444 4999, 0818 199 9888 Website: www.alexandernigeria.com

_______________________________________________________________________ [A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
“Evidence Act: Complete Annotation” by renowned legal experts Sanni & Etti.
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation _______________________________________________________________________ Groundbreaking Guide For Lawyers: Adigwe Publishes ‘Artificial Intelligence For Lawyers’ With Free Research eBook The book also examines Nigeria's legal ecosystem, focusing on the LPELR and NBA AI Guidelines. As a bonus, every purchase comes with a FREE eBook titled: How to Use the AI Features in LegalPedia and LawPavilion. Ohio Books Ltd praises the publication, stating: "....this is the only Nigerian book I know of on the topic." How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌎 Website: www.benadigwe.com Ebook Version: Access it directly online at https://selar.com/prv626 Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria. _______________________________________________________________________