The Federal High Court in Abuja has granted former Vice-President 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 for substituted service on Wednesday after hearing an ex parte motion filed by Atiku’s counsel, Olanrewaju Omotayo-Ojo, who held the brief of Silas Onu.
The judge directed that the originating processes in the suit, marked FHC/ABJ/CS/1888/2026, be served on Tinubu through the APC within seven days.
The order followed the plaintiffs’ inability to personally serve the President with the originating processes.
At the hearing, Omotayo-Ojo told the court that the application became necessary after efforts to effect personal service on Tinubu proved unsuccessful.
After counsel indicated that the plaintiffs could effect service within seven days, Justice Ekwo granted the application and ordered that the processes be served within the stipulated period.
The court subsequently adjourned the matter until September 28, 2026, for mention.
Atiku and the African Democratic Congress (ADC) are the plaintiffs in the suit, while Tinubu, the APC and the Independent National Electoral Commission (INEC) are the first to third defendants respectively.
The suit centres on an allegation by Atiku and the ADC that Tinubu submitted a forged National Youth Service Corps (NYSC) discharge certificate to INEC.
The plaintiffs allege that the certificate submitted to the electoral body bore the name “Tinubu Bola Adekunle”, which they contend amounts to the presentation of false information to INEC.
They are relying on Section 137(1)(j) of the 1999 Constitution, as amended, which provides for disqualification arising from the presentation of a forged certificate to INEC.
Among other reliefs, Atiku and the ADC are asking the court to declare that Tinubu presented a forged certificate and to disqualify him and the APC from participating in the 2027 presidential election.
Tinubu and the APC, however, have denied the allegations and maintained that no forged certificate was submitted to INEC for either the 2023 or 2027 presidential elections.
In a joint counter-affidavit filed on September 9, the President and the APC urged the court to dismiss the suit, arguing that it is incompetent and that the plaintiffs lacked the legal right to institute the action.
They also denied submitting Form CF001 to INEC for either the 2023 or 2027 elections as alleged by Atiku and the ADC.
INEC has separately challenged the competence of the case, citing, among other grounds, statute bar, lack of locus standi, absence of a reasonable cause of action and abuse of court process.
Meanwhile, uncertainty has emerged over the legal representation of Tinubu in the case, with two Senior Advocates of Nigeria, Akin Olujinmi and Wole Olanipekun, filing separate processes indicating that they are representing the President.
Olujinmi filed a counter-affidavit and written address on behalf of Tinubu and the APC, challenging the competence of the suit and Atiku’s legal standing to contest Tinubu’s candidacy.
He argued that Atiku’s allegation of forgery amounted to a criminal allegation which, under the Evidence Act, must be established beyond reasonable doubt.
Olujinmi further argued that Atiku and the ADC had failed to produce evidence from the NYSC disclaiming the issuance of the discharge certificate attributed to Tinubu.
He consequently urged the court to uphold the preliminary objection and dismiss the suit.
Separately, Olanipekun filed a preliminary objection and counter-affidavit on behalf of Tinubu, also asking the court to dismiss the case.
In a letter dated September 10 and addressed to the Deputy Chief Registrar of the court, Olanipekun said Tinubu had briefed him to lead a team of lawyers to represent and defend the President’s interests in the matter.
Olanipekun stated that Tinubu had not been served with the originating processes and that the President had instructed his legal team to appear when the matter came up on September 1.
According to him, Senior Advocate of Nigeria Omosanya Popoola appeared in court on that date on Tinubu’s behalf and sought to obtain copies of the processes filed by the plaintiffs.
Olanipekun subsequently asked the court to provide his legal team with either the service copy or a certified true copy of the originating processes to enable Tinubu to respond to the suit.
Meanwhile, the plaintiffs have applied to amend the suit, including a request to correct the description of the INEC form allegedly attached to the disputed certificate from Form CF001 to Form EC9.
The latest order by Justice Ekwo concerns only the mode of service of the court processes and does not determine the substantive allegations concerning the certificate or Tinubu’s eligibility for the 2027 election.
This headline keeps the controversy prominent without implying that the court has already made a finding on the alleged forgery.
