Former Vice President Atiku Abubakar has filed a lawsuit at the Federal High Court in Abuja, seeking to disqualify President Bola Ahmed Tinubu from contesting the 2027 presidential election over allegations of certificate forgery.
Atiku, who is the presidential candidate of the African Democratic Congress (ADC), personally appeared at the court registry on Friday to depose to an affidavit supporting the suit against Tinubu, the All Progressives Congress (APC), and the Independent National Electoral Commission (INEC).
The action, according to a statement by Atiku’s Senior Special Assistant on Public Communication, Phrank Shaibu, invokes provisions of the 1999 Constitution (as amended) and the Electoral Act, 2026.
Constitutional Challenge
At the heart of the suit is Section 137(1)(j) of the Constitution, which disqualifies any person who has presented a forged certificate to INEC from contesting for the presidency. Atiku and the ADC are asking the court to determine whether Tinubu and the APC should be barred from the 2027 election over an NYSC discharge certificate allegedly bearing a name different from that of the President.
In his affidavit, Atiku contended that the certificate submitted by Tinubu bears the name “Tinubu Bola Adekunle” rather than “Bola Ahmed Tinubu.” He further questioned whether the document was genuinely obtained by the President and submitted in relation to the 2023 and 2027 presidential elections.
INEC Directed to Produce Documents
The plaintiffs have also requested that INEC produce Tinubu’s Form CF001 submitted for both elections. Atiku disclosed that he had sought certified true copies of the relevant documents from the electoral commission before filing the suit but had received no response when the court processes were prepared.
Atiku: ‘Nobody Is Above the Constitution’
Explaining his decision to personally depose to the affidavit, Atiku stated: “I came here personally because the issues before the court go to the heart of our Constitution and the integrity of the office of President.”
He maintained that the dispute should be resolved through evidence and judicial determination rather than political arguments, urging INEC to make the relevant records available.
“Nobody is above the Constitution, not Atiku Abubakar, not Bola Tinubu, and certainly not the President of the Federal Republic of Nigeria,” he said.
Broader Constitutional Questions
The former vice president also challenged provisions of the Electoral Act, 2026, which he and the ADC contend restrict the ability to challenge a presidential candidate’s qualification before an election and limit qualification as a ground for questioning an election.
Their position is that ordinary legislation cannot override an express constitutional provision, and that the Constitution must prevail where there is a conflict between the two. Atiku argued that the case therefore raises a broader constitutional question over whether legislation can restrict access to a constitutional remedy concerning a candidate’s qualification.
Legal Team Expresses Confidence
Counsel to the plaintiffs, Edwin Inegedu, SAN, and Joseph Onu Silas, expressed confidence in the case. Silas Onu said the legal team had reviewed the relevant provisions and presented its arguments before the court, adding that they were prepared to respond to the defence once the defendants were served.
Atiku placed responsibility on INEC to maintain neutrality and produce the relevant electoral records, arguing that Nigerians should know whether candidates seeking the presidency meet constitutional requirements before they cast their votes.