Court Allows Atiku to Serve Tinubu Through APC in 2027 Disqualification Suit

The Federal High Court in Abuja has granted former Vice-President Atiku Abubakar and the African Democratic Congress (ADC) permission to serve President Bola Tinubu with court documents through the All Progressives Congress (APC).

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

Atiku and the ADC filed the suit seeking Tinubu and the APC’s disqualification from the 2027 presidential election. The plaintiffs allege that a forged National Youth Service Corps (NYSC) discharge certificate was submitted to the Independent National Electoral Commission (INEC) in connection with Tinubu’s candidacy.

The suit, marked FHC/ABJ/CS/1888/2026, lists Tinubu, the APC and INEC as the first, second and third defendants. Among other reliefs, Atiku and the ADC are asking the court to order INEC to remove Tinubu and the APC from its list of candidates and parties for the 2027 presidential election.

Omotayo-Ojo told the court that the application for substituted service became necessary because the plaintiffs had been unable to personally serve Tinubu with the originating summons. Justice Ekwo subsequently ordered that the documents be served through the APC within seven days.

The judge adjourned the matter until September 28 for mention. The case had earlier come before the court on September 1, when Atiku’s legal team informed the court that personal service on Tinubu had not been effected.

Tinubu and the APC have opposed the suit and asked the court to dismiss it. In their joint counter-affidavit filed on September 9, they denied submitting any forged certificate to INEC for either the 2023 or 2027 presidential elections.

The defendants also argued that the NYSC has never denied issuing a discharge certificate to Tinubu. Their lawyer, Chief Akin Olujinmi, SAN, maintained that an allegation of forgery must be established with the required evidence and argued that Atiku and the ADC had not produced a disclaimer from the NYSC denying issuance of the certificate.

Olujinmi further challenged the legal basis of the suit, describing it as an incompetent pre-election matter and arguing that the plaintiffs lacked the legal standing to bring the case. INEC has separately filed a preliminary objection, citing issues including statute-bar, lack of locus standi, absence of a reasonable cause of action and alleged abuse of court process.

The court’s latest decision relates only to the method of serving the originating processes on Tinubu. It does not determine the allegations concerning the NYSC certificate or whether Tinubu is eligible to contest the 2027 presidential election.