The Federal High Court in Abuja on Wednesday ordered that President Bola Tinubu be served within seven days with a suit seeking to stop him from contesting the 2027 presidential election over alleged forged certificates submitted to INEC.
Justice Inyang Ekwo granted substituted service on Tinubu through his party, the All Progressives Congress (APC). The order followed a motion by Atiku’s lawyer, Olanrewaju Omotayo-Ojo, who stood in for Silas Onu.
The suit, marked FHC/ABJ/CS/1888/2026, was filed by former Vice President and ADC presidential candidate Atiku Abubakar. The ADC is the second plaintiff, while Tinubu, the APC, and INEC are the first to third defendants.
In a 25-paragraph affidavit, Atiku alleged that Tinubu submitted a fake NYSC discharge certificate to INEC to support his qualification. He claimed the certificate bears the name “Tinubu Bola Adekunle,” belongs to one Adekunle, and is a forgery. Atiku attached the certificate as Exhibit P2 and said it remains in INEC’s custody. He also alleged that Tinubu has been parading the forged certificate since his 1999 Lagos State governorship bid.
Atiku asked the court to determine whether the plaintiffs can enforce Section 137(1)(j) of the Constitution, despite limitations in the Electoral Act 2026 and the Constitution. He also asked whether Tinubu and the APC should be disqualified for presenting a forged NYSC certificate to INEC for the 2023 and 2027 presidential elections.
The plaintiffs are seeking a declaration that Tinubu breached the Constitution by presenting a forged certificate to INEC in 1999, and an order disqualifying Tinubu and the APC from participating in the 2027 presidential election.
The court had earlier fixed September 28 for full hearing. INEC has filed processes challenging the suit and asking the court to dismiss it.
Meanwhile, two Senior Advocates of Nigeria, Chief Akin Olujinmi and Chief Wole Olanipekun, have separately filed processes for Tinubu, raising questions over who was briefed to represent him. Both challenged the competence of the suit and Atiku’s legal right to question the credentials Tinubu submitted to INEC, citing Section 29(5) of the Electoral Act 2026.
Olujinmi argued that Atiku’s case is statute-barred because the certificates were submitted before August 1 and the 14-day period for such litigation had passed. He also said Atiku, as an ADC member, cannot challenge what the APC did.
Olanipekun filed a preliminary objection and counter-affidavit seeking dismissal, describing the suit as incompetent and an abuse of court process. In a September 10 letter, he said Tinubu had briefed him to lead his legal team, that Tinubu had not been served, and that when the matter came up on September 1, Prince Omosanya Popoola, SAN, appeared for Tinubu and tried to collect the processes, but the plaintiffs’ counsel objected. He asked the court to provide a service copy or certified true copy of the originating processes so Tinubu could respond, saying his client has nothing to hide.
The plaintiffs have also applied to amend the suit, especially to correct the name of the INEC form said to contain the alleged forged certificate from Form CF001 to Form EC9.
