Abuja — September 16, 2026
A Federal High Court in Abuja has given former Vice President Atiku Abubakar the green light to serve President Bola Tinubu with court papers through his party, the All Progressives Congress (APC), in a lawsuit seeking to bar the president from contesting the January 2027 election.
Justice Inyang Edem Ekwo granted the request on Wednesday after hearing an ex-parte application filed by Atiku, who brought the suit both personally and on behalf of his party, the African Democratic Congress (ADC). The case challenges President Tinubu’s eligibility to seek re-election.
Atiku’s legal team, represented in court by Omotayo Ojo standing in for lead counsel Silas Onu, told the judge they would complete service of the court documents within a week. Justice Ekwo ordered that service be carried out within seven days and adjourned the matter to September 28 for mention.
The move follows an earlier court appearance on September 1, when Onu explained that his client had not yet been able to serve the suit’s originating documents on President Tinubu directly, prompting the request for an order allowing substituted service.
Case Background
The suit, filed under case number FHC/ABJ/CS/1888/2026, names President Tinubu, the APC, and the Independent National Electoral Commission (INEC) as defendants alongside the president.
Both Tinubu and the APC have already responded, filing counter-affidavits and preliminary objections that dispute the suit’s validity and argue that Atiku and the ADC lack the standing to bring the case. In a joint filing submitted on September 9, the president and his party firmly denied ever submitting a forged certificate to INEC in connection with either the 2023 or 2027 presidential races. They also rejected claims tied to Tinubu’s NYSC discharge certificate, stating that the youth service agency has never disclaimed issuing it.
The defendants further argued that no constitutional provision was violated, and that submitting the president’s personal records to INEC caused no injury to the plaintiffs.
Legal Objections Raised
In a written address filed on the president’s behalf, senior lawyer Chief Akin Olujinmi (SAN) laid out several grounds for dismissal. He argued that forgery allegations amount to criminal claims requiring proof beyond reasonable doubt, and that establishing forgery of a certificate legally requires a formal disclaimer from the issuing institution — something he said Atiku and the ADC had failed to produce from NYSC.
Olujinmi described the suit as speculative and lacking a factual foundation, calling it an improper pre-election challenge brought by parties without the legal standing to pursue it. He asked the court to uphold the objection and throw out the case entirely.
INEC lodged its own preliminary objection on September 7 through counsel Dr. Alex Izinyon (SAN), arguing the suit is time-barred, filed by parties without standing, lacking a valid legal basis, and an abuse of court process. The commission also contended that the plaintiffs failed to meet a mandatory documentation requirement under the Federal High Court’s 2026 Pre-Election Practice Directions.
The matter returns to court on September 28.
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