Court adjourns Atiku’s suit challenging Tinubu eligibility

The Federal High Court in Abuja adjourned Atiku Abubakar's legal challenge against President Bola Tinubu's eligibility to run in the 2027 presidential election. Atiku's lawyer, Joseph Onu Silas, expressed frustration at not being able to personally deliver the Originating Summons to Tinubu as required by the law. Atiku had filed the suit, representing the African Democratic Congress (ADC), seeking Tinubu's disqualification from the 2027 election based on various eligibility grounds.

The suit invoked provisions of the 1999 Constitution, particularly Section 137(1)(j), which bars a person from being elected if they have presented a forged certificate to the Independent National Electoral Commission (INEC). Silas also requested the court to examine the authenticity of an NYSC certificate provided to INEC by Tinubu for the 2023 and 2027 elections.

Atiku alleged that Tinubu submitted a different certificate with the name "Tinubu Bola Adekunle" instead of his actual name, "Bola Ahmed Tinubu". The lawyer urged the court to determine if Tinubu and the All Progressives Congress (APC) should be disqualified from the 2027 presidential contest based on the disputed NYSC certificate.

Atiku and ADC challenged the Electoral Act, 2026 provisions restricting the grounds for challenging a candidate's qualification before an election and the reduction of a constitutional provision on qualification to a mere questioning at the pre-election stage. The originating summons aimed to determine whether statutory restrictions prevented Atiku and ADC from invoking Section 137(1)(j) and whether Tinubu and APC should be disqualified from the 2027 election if the plaintiffs' case was proven.

The court ordered Tinubu's lawyer, Omosanya Popoola, to deliver the Court process to Atiku's lawyer for delivery to Tinubu, but Popoola's decision to accept court process on Tinubu's behalf led to a standoff. Atiku's lawyer insisted on a written undertaking from Popoola that he had Tinubu's authorization to represent him before proceeding. The judge postponed the matter to September 28 to allow Atiku to prepare his case.