Former Vice President and African Democratic Congress (ADC) presidential candidate, Atiku Abubakar, has approached the Federal High Court in Abuja seeking to disqualify President Bola Ahmed Tinubu from contesting the 2027 presidential election over allegations surrounding an NYSC certificate.
Atiku personally appeared at the court registry on Friday, where he deposed to an affidavit in support of the suit filed against Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC).
The suit invokes relevant provisions of the 1999 Constitution, as amended, and the Electoral Act 2026, with Atiku and the ADC asking the court to determine whether Tinubu should be disqualified if their allegations are established.
At the centre of the case is an NYSC discharge certificate which Atiku alleged was submitted to INEC in the name “Tinubu Bola Adekunle”, rather than “Bola Ahmed Tinubu”.
The plaintiffs further alleged that the certificate was not obtained by Tinubu and that it was submitted in connection with the 2027 presidential election. The allegations have not been judicially established and are now before the court for determination.
Explaining his decision to personally appear in court, Atiku said the matter was too important to be treated casually.
“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 said.
Atiku added: “I have therefore put my name, my signature and my oath behind the facts we are presenting to the court. Now it is President Tinubu’s turn to answer them.”
The former vice president also asked the court to compel INEC to produce Tinubu’s Form CF001 submitted for the 2023 and 2027 presidential elections. He said his request for certified true copies of the relevant records had not received a response before the suit was filed.
“This is precisely why we have gone to court. We are not asking Nigerians to decide this matter on social media, and we are not asking INEC to become a court,” Atiku said.
“We are asking the institution holding the records to produce them and the judiciary to examine the evidence and pronounce on it.”
The suit also challenges provisions of the Electoral Act 2026 which, according to the plaintiffs, restrict challenges to a candidate’s qualification at the pre-election stage.
Atiku argued that an Act of the National Assembly could not override an express constitutional provision.
“Our position is that the Constitution remains supreme,” he said.
He further argued that the presidency should not shield anyone from constitutional scrutiny, stressing that ordinary Nigerians face strict scrutiny over their certificates and identities.
“The presidency is not an immunity certificate against constitutional scrutiny,” Atiku said.
The ADC candidate said INEC had a responsibility to demonstrate neutrality by making the relevant documents available to the court.
“INEC is holding the documents. The court has the jurisdiction to examine the issues. President Tinubu has the opportunity to defend himself,” he said.
Atiku said the 2027 election should begin with clarity on the qualification of those seeking the presidency.
“Nigerians should not be asked to vote first and investigate later,” he added.
Counsel to the plaintiffs, Edwin Inegedu, SAN, and Joseph Onu Silas, Esq., expressed confidence in the case, saying they had carefully reviewed the law and presented their arguments before the court.
Silas Onu said the legal team was prepared to respond to the defendants’ case once served.
“We are confident that justice will prevail. This case presents an important opportunity to further develop Nigeria’s electoral jurisprudence,” he said.
The plaintiffs are seeking, among other reliefs, an order disqualifying Tinubu and the APC from participating in the 2027 presidential election if the allegations contained in the suit are established.
The case has opened a fresh legal battle over Tinubu’s eligibility ahead of the 2027 presidential election, with the disputed certificate and the interpretation of constitutional and electoral provisions now before the Federal High Court.