ABUJA — President Bola Tinubu and the All Progressives Congress (APC) have asked the Federal High Court in Abuja to dismiss a suit filed by the presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, challenging Tinubu’s eligibility to contest the 2027 presidential election.
Atiku and the ADC instituted the suit, marked FHC/ABJ/CS/1888/2026, against Tinubu, the APC and the Independent National Electoral Commission (INEC).
The plaintiffs are challenging Tinubu’s eligibility over an allegation that he presented a forged National Youth Service Corps (NYSC) discharge certificate to INEC.
However, in a joint counter-affidavit, Tinubu and the APC denied the allegation, insisting that no forged certificate was submitted to INEC in connection with either the 2023 or 2027 presidential elections.
The APC Director of Legal Services, Sanusi Samaila, who deposed to the counter-affidavit dated September 8, said Tinubu did not submit any Form CF001 to INEC for either election as alleged by the plaintiffs.
“The 1st defendant (Tinubu) emphatically denies the plaintiffs’ allegation of forgery and submission of a forged certificate to the 3rd defendant (INEC) for the 2023 or 2027 presidential elections,” Samaila stated.
The APC further argued that the NYSC had never disowned the discharge certificate allegedly issued to Tinubu after his service year.
According to the defendants, Tinubu’s educational qualifications and NYSC discharge certificate were accepted by INEC, which subsequently published his particulars as the APC presidential candidate for the 2023 election and the forthcoming 2027 election.
Defendants Challenge Atiku’s Legal Standing
Tinubu and the APC also challenged the legal standing of Atiku and the ADC to question Tinubu’s emergence as the APC presidential candidate.
The defendants argued that Atiku was neither a member of the APC nor an aspirant in the party’s presidential primary in which Tinubu emerged as the candidate.
They maintained that neither Atiku nor the ADC participated in the APC primary or the process through which Tinubu was nominated.
The APC said it submitted its candidates’ details for the 2027 elections to INEC in a letter dated June 26, while the commission acknowledged receipt of Tinubu’s profile on July 11.
Lawyer: Forgery Allegation Must Be Proved
In a written address filed by Akin Olujimi, counsel to Tinubu and the APC, the defendants raised several preliminary objections to the suit.
Olujimi argued that because forgery constitutes a criminal allegation, the plaintiffs are required to establish their claim to the standard of proof required by law.
The lawyer further argued that the plaintiffs had not produced a document from the NYSC disclaiming the certificate in question.
He also contended that Atiku and the ADC failed to produce either the original document from which the alleged forgery was made or the document they claim was forged.
According to him, the plaintiffs bear the burden of proving their case because they are seeking declaratory reliefs.
Suit Described as Statute-Barred
The defendants also argued that parts of the suit were filed outside the period prescribed by law.
Olujimi contended that one of the reliefs sought by Atiku and the ADC should have been challenged within 14 days of the alleged event and was therefore statute-barred.
The defendants further described the action as incompetent, arguing that it did not fall within the category of pre-election matters contemplated under the relevant provisions of the 1999 Constitution and the Electoral Act 2026.
They maintained that the applicable provision permits an aspirant who participated in a political party’s primary to challenge the conduct of that primary.
The defendants consequently urged the court to dismiss the suit on the grounds that Atiku and the ADC did not participate in the APC presidential primary.
Court Yet to Rule
Tinubu and the APC also argued that the suit was improperly constituted because the plaintiffs challenged provisions of the Electoral Act without joining the National Assembly and the Attorney-General of the Federation as parties.
They therefore urged Justice Inyang Ekwo of the Federal High Court in Abuja to uphold their preliminary objections and dismiss the case.
The Federal High Court in Abuja is currently hearing the matter.
The allegations concerning the NYSC certificate remain contested claims before the court, and no final judicial determination on the issues raised in the suit has been made at this stage.
