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Court Sets November 20 Ruling on Atiku’s Bid to Amend Suit Against Tinubu

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A Federal High Court in Abuja will rule on November 20 on an application by former Vice President Atiku Abubakar and the African Democratic Congress (ADC) seeking to amend their suit challenging President Bola Tinubu’s eligibility to contest the 2027 presidential election.

Justice Inyang Ekwo set the date on Tuesday after lawyers for both sides wrapped up arguments on the amendment request. The suit names Tinubu, the All Progressives Congress (APC), and the Independent National Electoral Commission (INEC) as defendants.

Atiku’s legal team, led by Joseph Silas, told the court the amendment would let them submit additional evidence and fix errors in the original filing — including a mix-up between INEC Form CF001 and the correct Form EC9A. The plaintiffs also want to add a sworn deposition from Atiku and attach clearer versions of supporting exhibits.

But lawyers for Tinubu, the APC, and INEC pushed back hard, urging the court to reject the request. Tinubu’s counsel, Wole Olanipekun (SAN), argued the move goes far beyond correcting typos — claiming Atiku is trying to introduce a brand-new relief and rewrite the questions for determination, effectively changing the substance of the case after both sides had already filed their responses.

Olanipekun further contended that the original suit was filed too late, arguing the clock started when Tinubu’s name was submitted to INEC on July 11, not when INEC published candidate details on August 1. He said no amendment can rescue what he called a fundamentally defective and time-barred case.

The APC’s lawyer, Akin Olujinmi (SAN), raised similar objections, while INEC’s counsel, Alex Izinyon (SAN), argued the proposed changes amount to smuggling in a new cause of action and would violate the 14-day constitutional window for filing pre-election suits.

Atiku and the ADC are seeking, among other reliefs, an order disqualifying Tinubu and the APC from the 2027 race. The November ruling on the amendment request will determine whether the case proceeds on its original terms or a revised one.

Mike Ojo

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