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ABUJA — The Federal High Court in Abuja has granted former Vice-President and African Democratic Congress (ADC) presidential candidate, Atiku Abubakar, permission to serve President Bola Tinubu with court processes through the All Progressives Congress (APC) in a suit challenging Tinubu’s eligibility to contest the 2027 presidential election.

Justice Inyang Ekwo granted the application on Wednesday while ruling on an ex parte motion filed by Atiku’s counsel, O.T. Omotayo-Ojo, seeking an order for substituted service on the President. 

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), listed as the first, second and third defendants respectively.

Atiku and the ADC are asking the court to disqualify Tinubu and the APC from participating in the 2027 presidential election over an allegation concerning an allegedly forged National Youth Service Corps (NYSC) discharge certificate purportedly submitted to INEC.

They are also seeking an order compelling INEC to remove Tinubu’s name and that of the APC from the list of candidates and political parties for the election.

Moving the application on Wednesday, Omotayo-Ojo told the court that the plaintiffs had been unable to effect personal service of the originating summons and other processes on Tinubu.

He consequently asked the court to permit the documents to be served on the President through the APC.

Justice Ekwo granted the application and, following an undertaking by Omotayo-Ojo that the plaintiffs would effect service within seven days, ordered that the processes be served within the stipulated period.

The judge subsequently adjourned the matter until September 28, 2026, for mention. 

The development followed an earlier proceeding on September 1, when counsel to the plaintiffs informed the court that Tinubu had not been personally served with the originating summons and sought permission for substituted service. 

Tinubu, APC Reject Allegation

Meanwhile, Tinubu and the APC have filed processes asking the court to dismiss the suit.

In a joint counter-affidavit filed on September 9, the President and APC denied submitting any forged certificate to INEC in connection with either the 2023 or 2027 presidential elections. 

Through APC Director of Legal Services, Sanusi Samaila, the defendants also denied submitting Form CF001 to INEC for either election as alleged by the plaintiffs.

They further argued that the NYSC had never denied issuing a discharge certificate to Tinubu at the end of his national service.

In a written address accompanying their preliminary objection, their counsel, Chief Akin Olujinmi, SAN, contended that the allegation of forgery was a criminal allegation which, under Section 135(1) of the Evidence Act, must be proved beyond reasonable doubt.

Olujinmi argued that proof of forgery required evidence from the institution purported to have issued the document disclaiming its issuance or identifying the document as forged.

He maintained that Atiku and the ADC had not produced any evidence from the NYSC Directorate disclaiming the issuance of the discharge certificate attributed to Tinubu.

The senior lawyer consequently argued that the suit was hypothetical and academic and lacked the necessary factual foundation.

He also challenged the competence of the action as a pre-election matter and questioned the locus standi of Atiku and the ADC to challenge Tinubu’s candidacy on the platform of the APC.

INEC Also Challenges Suit

INEC has similarly filed a preliminary objection challenging the competence of the case.

Through its counsel, Dr Alex Izinyon, SAN, the commission raised grounds including statute-bar, lack of locus standi, absence of a reasonable cause of action and alleged abuse of court process.

The electoral body also argued that the plaintiffs failed to comply with the mandatory written deposition requirement under Paragraph 7(1) of the Federal High Court Pre-Election Practice Directions (Amendment) 2026.

INEC further challenged the propriety of two of the reliefs sought in the originating summons and urged the court to dismiss the suit.

The court’s latest ruling does not determine the substantive allegations in the case; it permits the plaintiffs to proceed with service of the court processes on Tinubu through the APC. The substantive issues, including the defendants’ objections to the suit, remain before the court.