Alex Enumah in Abuja
A Federal High Court in Abuja, has fixed October 13 for hearing in an application seeking to amend the suit challenging the eligibility of President Bola Tinubu in the 2027 general election.
Justice Inyang Ekwo fixed the date for hearing in the application shortly after confirming that lawyers representing the respondents in the suit filed by presidential candidate of the African Democratic Congress (ADC), Alhaji Atiku Abubakar and the ADC, had been served with the motion.
“This case is hereby adjourned until October 13, 2026, for hearing of the motion to amend originating summons,” the judge held.
The court had at last sitting permitted the plaintiffs to serve President Tinubu the court documents through the All Progressives Congress (APC).
Justice Ekwo had granted the request while ruling in an ex-parte motion moved by Atiku’s lawyer, O.T. Omotayo-Ojo, seeking an order of substituted service of the court documents on Tinubu.
The judge subsequently adjourned till September 28 for further mention of the suit.
When the matter came up yesterday, counsel for the plaintiffs, Joseph Silas, told the court that processes had been served on all the defendants within the stipulated period, and that the plaintiffs had received and responded to their processes.
Silas also drew the court’s attention to plaintiffs’ application seeking to amend their originating summons, adding that the defendants had been put on notice of the application.
Atiku and the ADC in the suit filed last month against Tinubu, APC and the Independent National Electoral Commission (INEC), are challenging the eligibility of Tinubu and the 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.
The plaintiffs by the suit had asked 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 Constitution provides 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.
“I know that it is very important to have the submitted FORM CF 001 of 1999 as it raises 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,” Atiku averred.
While alleging that the NYSC certificate he presented belonged to one Adekunle, the plaintiffs claimed Tinubu has also submitted the said NYSC certificate to INEC ahead of the 2027 Presidential Election.
“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,” the deponent added.