•Case postponed till September 28
Alex Enumah in Abuja
Hearing in the suit seeking the disqualification of President Bola Tinubu and his party, All Progressives Congress (APC), from participating in the 2027 general election was yesterday stalled following the plaintiffs’ insistence on personally serving the court documents on the president.
The presidential candidate of African Democratic Congress (ADC), Atiku Abubakar, and ADC had last month initiated legal proceedings at the Federal High Court against Tinubu, APC, and Independent National Electoral Commission (INEC), challenging the eligibility of Tinubu and APC in next year’s general election.
They predicated the suit marked FHC/ ABJ/ CS/1888/2026, on the grounds that Tinubu presented forged certificate to the electoral umpire in 1999, when he first contested for the office of Governor of Lagos State.
When the matter was mentioned yesterday, Joseph Onu Silas announced appearance for Atiku and ADC, Omosanya Popoola, SAN, announced appearance for Tinubu and APC, while Dr Alex Izinyon, SAN, led the INEC team.
Silas, however, informed the court that the plaintiffs had not been able to serve the court documents on Tinubu and would be asking for the court’s order to do so through substituted means.
Despite claims by Popoola, that he had been mandated by Tinubu to represent him and was ready to accept service on his client’s behalf, the plaintiffs turned down the offer, stating that they want to avoid the issue of technicalities in the future of the proceedings.
In a short ruling, trial judge, Justice Inyang Ekwo, adjourned till September 28, for hearing.
The plaintiffs were asking the court to disqualify Tinubu and APC from the 2027 presidential election on grounds of constitutional breaches.
In a 25-paragraph affidavit deposed in support of the suit, Atiku stated that Section 137 (1) (j) of the 1999 Constitution provided that “a person shall not be qualified for election to the office of President if – he has presented a forged certificate to the independent National Electoral Commission.”
According to the plaintiffs, INEC could not disqualify Tinubu and APC without an order of the court.
Atiku stated, “I know that it is very important to have the submitted FORM CF 001 of 1999 as it raised serious issues of forgery against the 1st Defendant.
“I know that in the said FORM CF 001 submitted by the 1st Defendant to the 3rd Defendant for the 2023 and 2027 Presidential Elections, the 1st Defendant declared under oath that he participated in the compulsory National Youth Service Corps (NYSC).
“I know that the 1st Defendant also submitted to the 3rd Defendant a National Youth Service Corps (NYSC) Discharge Certificate bearing the name ‘Tinubu Bola Adekunle’ along with the Form CF001 for the 2023 Presidential Elections, and I know that the name on the submitted NYSC certificate is not the same as Bola Ahmed Tinubu.”
The deponent added, “I know that the said NYSC certificate is still in existence and in custody of the 3rd Defendant and that same is a forgery, as the 1st Defendant’s name is not Adekunle and yet he submitted same to the 3rd Defendant to be acted upon as genuine.
“I know that the 3rd Defendant cannot disqualify the 1st Defendant without an order of this Honourable Court directing so.”