By Adegboyega Adeleye
The Federal High Court in Abuja has adjourned until October 13 the hearing of an application by former Vice-President Atiku Abubakar and the African Democratic Congress, ADC, seeking to amend their suit against President Bola Tinubu and the All Progressives Congress, APC.
Justice Inyang Ekwo fixed the date on Monday after lawyers to the parties informed the court that processes relating to the application needed to be regularised.
Counsel to Atiku and the ADC, Joseph Silas, told the court that he had received responses from the other defendants but was yet to receive Tinubu’s counter affidavit.
However, counsel to the president, Wole Olanipekun, said Tinubu’s counter affidavit had been served on the plaintiffs on September 24.
Justice Ekwo also confirmed the proof of service filed by the president’s legal team before adjourning the matter to October 13 for hearing of the application.
Atiku and the ADC are seeking to amend their substantive suit challenging Tinubu and the APC over an alleged forged National Youth Service Corps, NYSC, discharge certificate submitted to the Independent National Electoral Commission, INEC.
In the suit, the plaintiffs are asking the court to disqualify Tinubu and the APC from the 2027 presidential election and direct INEC to remove their names from the list of candidates and parties for the poll.
Atiku and the ADC filed the application to amend the suit on September 10, saying they discovered errors in their original processes and needed to make further changes.
Among the corrections sought is the reference to an INEC form as Form CF001 instead of Form EC9A.
They also want to set out the particulars of the alleged fraud in their affidavit, include a written deposition by Atiku and attach clearer copies of exhibits which they said were unavailable when the suit was initially filed.
Tinubu, however, opposed the application, arguing that the proposed amendments go beyond correcting errors and would introduce new facts, documents, questions for determination and reliefs into the case.
The president’s legal team also argued that the substantive suit was statute-barred, contending that the cause of action arose when Tinubu’s name was submitted to INEC on July 11, while Atiku and the ADC filed the suit on August 14.
They maintained that the court’s practice directions could not extend the constitutional period for instituting a pre-election case.
INEC has also opposed the proposed amendment, arguing that it would introduce a new cause of action and seek to cure defects in the original suit after the constitutional deadline for filing pre-election cases had expired.
The commission’s preliminary objection challenging the competence of the substantive suit is also pending before the court.
Tinubu and the APC have denied submitting any forged NYSC certificate to INEC and urged the court to dismiss Atiku and ADC’s suit.
The court will hear the application to amend the originating summons on October 13.
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