By Eshioromeh Sebastian
Former Vice President Atiku Abubakar and the African Democratic Congress have filed a suit before the Federal High Court in Abuja, seeking an order disqualifying President Bola Ahmed Tinubu from contesting the 2027 presidential election over allegations that he submitted a forged certificate to the Independent National Electoral Commission.
Atiku, who was the presidential candidate of the Peoples Democratic Party in the 2023 election, personally appeared at the court registry on Friday to swear to an affidavit in support of the originating summons. The suit has Tinubu, the All Progressives Congress, and INEC as respondents.
The plaintiffs are relying on Section 137(1)(j) of the 1999 Constitution, which provides that a person shall not be qualified for election to the office of President if they have presented a forged certificate to INEC.
In his affidavit, Atiku alleged that Tinubu submitted an NYSC discharge certificate bearing the name “Tinubu Bola Adekunle” to the electoral body, a name that differs from the President’s official name, Bola Ahmed Tinubu.
According to the plaintiffs, the certificate in question was submitted in connection with both the 2023 and 2027 presidential elections, and they contend that the document was not legitimately obtained by the President.
Atiku further disclosed that his legal team had applied for certified true copies of Tinubu’s Form CF001 submitted for both elections, but received no response from INEC prior to filing the suit.
Addressing journalists after taking the oath, Atiku said his personal appearance was deliberate and intended to underscore the seriousness of the matter.
“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. “I cannot ask Nigerians to respect the Constitution while treating a matter of this magnitude casually. 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.”
He further emphasised that the case is not about social media debates but about allowing the judiciary to examine the evidence. “We are not asking Nigerians to decide this matter on social media, and we are not asking INEC to become a court,” Atiku stated. “We are asking the institution holding the records to produce them and the judiciary to examine the evidence and pronounce on it.”
Beyond the certificate allegation, the plaintiffs are also challenging some provisions of the Electoral Act, 2026, which they argue improperly restrict who may challenge a candidate’s qualification at the pre-election stage and remove qualification as a ground for questioning election results.
They contend that no legislation can override an express constitutional provision, and that where a conflict exists, the Constitution must prevail.
Atiku questioned whether an Act of the National Assembly could be used as a shield against a constitutional standard applicable to every person seeking the presidency.
“Can an Act of the National Assembly be used as a shield against an express provision of the Constitution?” he asked. “Can we write into ordinary legislation an escape route from a constitutional standard applicable to everyone seeking the Presidency? Our position is that the Constitution remains supreme.”
Among the reliefs sought is an order disqualifying Tinubu and the APC from participating in the 2027 presidential election.
The court is also being asked to determine whether statutory restrictions can prevent the plaintiffs from invoking Section 137(1)(j), and whether Tinubu and the APC should be disqualified if the plaintiffs’ case is established.
Counsel to the plaintiffs, Edwin Inegedu SAN and Joseph Onu Silas, told reporters that they were ready to face the defendants once served, expressing confidence that justice would be done. The case has yet to be assigned to a judge.
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