2027: Atiku gets court approval to serve Tinubu through the APC in a bid to disqualify the president

The Federal High Court in Abuja on Wednesday granted the application of the presidential candidate of the African Democratic Congress, Atiku Abubakar, to serve court proceedings against President Bola Tinubu through the All Progressives Congress (APC).

Justice Inyang Ekwo granted the application while ruling on an ex parte motion filed by Atiku’s attorney, OT Omotayo-Ojo, seeking an order for the President to be replaced.

Atiku and his party, ADC, are seeking the disqualification of Tinubu and the APC from participating in the 2027 presidential election over alleged falsification of the National Youth Service Corps discharge certificate submitted to the Independent National Electoral Commission (INEC).

The lawsuit, marked FHC/ABJ/CS/1888/2026, names Tinubu, APC and INEC as the first to third defendants.

The plaintiffs asked the court to compel INEC to remove the names of Tinubu and APC from the list of candidates and political parties for the 2027 presidential election.

Moving the motion on Wednesday, Omotayo-Ojo told the court that the application became necessary because the plaintiff was unable to make personal service of the initial summons and other processes on Tinubu.

He, therefore, urged the court to allow the document to be handed over to the President through APC, the second defendant in the suit.

Justice Ekwo granted the application.

Following a promise by Omotayo-Ojo, who held Silas Onu’s brief, that the plaintiff would serve within seven days, the judge ordered that the process be carried out within that time period.

The judge then adjourned the lawsuit until Sept. 28 for mention.

At an earlier hearing on September 1, Onu had informed the court that the plaintiff had not personally served Tinubu with an initial summons and had sought an order authorizing alternate service.

Meanwhile, Tinubu, APC and INEC have filed responses questioning the competency of the lawsuit and urging the court to dismiss it.

In a joint reply filed on September 9, Tinubu and the APC asked the court to dismiss the suit in its entirety, arguing that the suit was incompetent and that the plaintiffs had no legal right to file the suit.

The first and second defendants denied submitting fake certificates to INEC for both the 2023 and 2027 presidential elections.

Through the APC Director of Legal Services, Sanusi Samaila also confirmed that he did not submit Form CF001 to INEC for the 2023 or 2027 elections as alleged by the plaintiff.

The defendants further stated that the NYSC never denied issuing a discharge certificate to Tinubu at the end of his term of service.

They argued that contrary to paragraph 27 of the affidavit supporting the initial summons, no constitutional provisions were violated and no injustice was done to the plaintiff by handing over the President’s personal data to INEC.