Atiku, ADC to amend suit against Tinubu’s eligibility, court fixes Oct 13

The Federal High Court in Abuja has scheduled October 13, 2026, for the hearing of a motion to amend the originating summons in a lawsuit filed by former Vice President Atiku Abubakar and the African Democratic Congress (ADC). The case, which also involves President Bola Tinubu, the All Progressives Congress, and the Independent National Electoral Commission (INEC), was initially postponed due to difficulties in serving the process on Tinubu.

The plaintiffs argue that there is a discrepancy between the name on Atiku's National Youth Service Corps discharge certificate and the President's official name. This issue, among others, remains to be determined by the court. The court had previously granted permission to serve Tinubu through the APC after Atiku's team claimed efforts to serve him personally were unsuccessful.

The defendants, including the APC, have challenged the plaintiffs' application for substituted service, arguing that Tinubu's lawyers had already collected the originating processes and filed their defense. INEC has also submitted a response questioning the plaintiffs' ability to bring the case, including their locus standi and alleged abuse of court process.

Atiku's legal team, led by Joseph Silas, informed the court that the process had been served on all defendants within the stipulated period and that they had received and responded to the process. Tinubu's counsel, Wole Olanipekun, argued that the plaintiffs' counsel had rejected Popoola Owosanya's offer to receive the process on Tinubu's behalf and that the plaintiffs later tried to "deceive the court" by claiming they were unable to serve the first defendant.

The judge urged the lawyers to focus on the case at hand and accepted Atiku's request to amend the originating summons. The case was adjourned until October 13, 2026, for further deliberations on the motion to amend the summons.