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A High Court in Abuja has adjourned a suit filed by African Democratic Congress (ADC) presidential candidate Atiku Abubakar challenging President Bola Tinubu’s eligibility to contest the 2027 presidential election.
The presiding judge, Justice Inyang Ekwo, adjourned the case after Atiku’s counsel failed to serve the President with the originating summons.
Atiku’s counsel, Joseph Silas, told the court that efforts to personally serve Tinubu with the court process had been unsuccessful.
He subsequently sought an order permitting substituted service to allow the suit to proceed.
However, a Senior Advocate of Nigeria, Omosanya Popoola, who appeared for Tinubu, offered to accept service on the President’s behalf.
Popoola asked the court to direct Atiku’s counsel to hand over the originating summons to him for delivery to his client.
Atiku’s counsel, however, insisted that Popoola should first provide a written undertaking confirming that he had Tinubu’s authority to accept service on his behalf.
The disagreement between the counsels led Justice Ekwo to adjourn the case until September 28, 2026.
Another Senior Advocate of Nigeria (SAN), Alex Izinyon, also urged the court to allow service on Tinubu through his counsel so the matter could proceed.
Atiku is asking the court to determine Tinubu’s eligibility to contest the 2027 presidential election, citing Sections 137(1)(j), 139(1)(a)(i) and 285(14)(c) of the 1999 Constitution, as amended, as well as relevant provisions of the Electoral Act, 2026.
The ADC presidential candidate is challenging the authenticity of a National Youth Service Corps discharge certificate reportedly submitted to the Independent National Electoral Commission in Tinubu’s name.
He alleged that the certificate bears the name “Tinubu Bola Adekunle” rather than “Bola Ahmed Tinubu” and was submitted to INEC in connection with the 2023 and 2027 presidential elections.
According to Atiku, the document was not a certificate obtained by Tinubu.
He asked the court to determine whether its submission amounted to presenting a forged certificate, which could trigger the disqualification provision under Section 137(1)(j) of the Constitution.
In his affidavit, the former vice president argued that the court should resolve questions about the identity and authenticity of the NYSC certificate through evidence presented before it.
“If the certificate belongs to Bola Ahmed Tinubu, let that be established before the court.
“If ‘Tinubu Bola Adekunle’ and ‘Bola Ahmed Tinubu’ are the same person for that certificate, let the evidence establish it.”
