The All Progressives Congress (APC) and President Bola Tinubu have jointly asked the Federal High Court in Abuja to dismiss a lawsuit filed by former Vice President Atiku Abubakar and the Action Democratic Congress (ADC) that seeks to bar Tinubu from contesting the 2027 presidential election over an alleged forged National Youth Service Corps (NYSC) discharge certificate.
The suit, marked FHC/ABJ/CS/1888/2026, was filed by Atiku and the ADC against Tinubu, the APC, and the Independent National Electoral Commission (INEC). The plaintiffs allege that the president submitted a forged NYSC discharge certificate to INEC. In response, Tinubu and the APC filed a joint counter affidavit on September 9, flatly rejecting the forgery claim.
APC Legal Director Rejects Forgery Allegation
The APC Director of Legal Services, Sanusi Samaila, who deposed to the affidavit dated September 8, argued that Tinubu did not submit any Form CF001 to INEC for either the 2023 or 2027 elections, as the plaintiffs had alleged. He added that the NYSC had never denied issuing the discharge certificate to Tinubu at the end of his service year.
According to the Tribune, Samaila further disclosed that by a letter dated June 26, the APC formally submitted the names of its candidates for the 2027 elections to INEC, and that INEC confirmed receipt of Tinubu's profile as presidential candidate on July 11.
Atiku’s Legal Standing Questioned
A key argument raised by the defendants concerns whether Atiku and the ADC have the right to bring the case at all. Samaila noted that Atiku is not a member of the APC and did not participate in the party's presidential primary held in May, at which Tinubu emerged as candidate.
In a separate written address attached to the application, senior advocate Chief Akin Olujinmi raised additional objections to the originating summons. He argued that because the complaint amounts to a criminal allegation of forgery, it must be proved beyond reasonable doubt under Section 135(1) of the Evidence Act.
High Legal Bar for Forgery Claims
Olujinmi added that without a statement from the institution that purportedly issued the certificate confirming it did not do so, any claim of forgery would have no legal basis. He emphasized that the plaintiffs must meet the high legal standard required for criminal allegations.
The matter is before the Federal High Court in Abuja, and no ruling has yet been delivered on the application to dismiss. The court’s decision will determine whether the suit proceeds to a full hearing or is thrown out on the grounds raised by the defendants.
