Former Vice President Atiku Abubakar has filed a lawsuit at the Federal High Court in Abuja seeking to disqualify President Bola Ahmed Tinubu and the All Progressives Congress (APC) from participating in the 2027 presidential election. Atiku personally appeared at the court registry on Friday to swear an affidavit in support of the suit, which also names the Independent National Electoral Commission (INEC) as a defendant.
Grounds of the Suit: Alleged Forged NYSC Certificate
The suit, filed by Atiku and the African Democratic Congress (ADC), is anchored on Section 137(1)(j) of the 1999 Constitution, which bars any person who submitted a forged certificate to INEC from contesting the presidency. Atiku's affidavit alleges that the NYSC discharge certificate Tinubu submitted to INEC bears the name "Tinubu Bola Adekunle," which differs from the President's official name, Bola Ahmed Tinubu.
The plaintiffs contend that the certificate in question is not one obtained by Tinubu and that the same document was submitted in connection with both the 2023 and 2027 presidential elections. The originating summons asks the court to determine whether these facts, if established, should result in Tinubu's disqualification from the presidential race.
Atiku also served notice on INEC to produce Tinubu's Form CF001 filed for both elections, stating that his office had applied for certified true copies before filing the suit but had received no response. "If the certificate belongs to Bola Ahmed Tinubu, let that be established before the court. If 'Tinubu Bola Adekunle' and 'Bola Ahmed Tinubu' are one and the same person for the purpose of that certificate, let the evidence establish it," Atiku said after taking the oath.
Challenge to Electoral Act 2026 Provisions
Beyond the certificate issue, the suit challenges provisions of the Electoral Act 2026. According to the plaintiffs' written address, these provisions limit who can question a candidate's qualification at the pre-election stage and remove qualification as a valid ground for challenging an election result. Atiku's legal team argues that ordinary legislation cannot override an express constitutional provision, and that the Constitution must prevail where there is a conflict.
"Can an Act of the National Assembly be used as a shield against an express provision of the Constitution?" Atiku asked. "Our position is that the Constitution remains supreme."
Counsel for the plaintiffs, Edwin Inegedu SAN and Joseph Onu Silas, said the legal team had reviewed the arguments thoroughly and was ready to face the defendants once served. "We are confident that justice will prevail. This case presents an important opportunity to further develop Nigeria's electoral jurisprudence," Silas Onu said.
Atiku's Personal Appearance and Call for Accountability
Atiku said his personal appearance was deliberate, calling it a signal that he holds himself to the same standard he demands of others. "I have sworn to my case before the law. I am prepared to be held accountable for what I have placed before the court. President Tinubu should equally be prepared to answer the case against him before the law," he said.
The suit is now pending before the Federal High Court, awaiting service on the defendants. The outcome could have significant implications for the 2027 presidential election, as it tests the interplay between constitutional provisions and electoral legislation in Nigeria.
