A Federal High Court in Abuja has granted permission for the presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, to serve court documents on President Bola Tinubu through the All Progressives Congress (APC) in a suit challenging the President’s eligibility for the 2027 election.
Justice Inyang Ekwo gave the ruling on Wednesday after considering an ex-parte application filed by Atiku’s legal team. The application sought an order for substituted service, a legal procedure that allows court documents to be delivered through an alternative channel when direct service is considered difficult or impractical.
The suit, filed by Atiku and the ADC, names President Tinubu, the APC and the Independent National Electoral Commission (INEC) as defendants. The plaintiffs are challenging Tinubu’s qualification to contest the 2027 presidential election, alleging that he submitted a forged certificate during his political career.
According to court filings, the plaintiffs contend that an NYSC discharge certificate submitted by Tinubu in 1999 when he contested for governor of Lagos State bears the name “Tinubu Bola Adekunle.” They argue that the document raises questions regarding compliance with constitutional requirements for public office holders.
Atiku and the ADC are asking the court to determine whether the alleged certificate issue constitutes a violation of Section 137(1)(j) of the 1999 Constitution, which outlines conditions under which a person may be disqualified from contesting for the office of President.
The plaintiffs further seek orders that could affect both Tinubu’s candidacy and the APC’s participation in the 2027 presidential election if the court finds merit in their claims.
While granting the application for substituted service, Justice Ekwo directed that the court documents be served through the APC within seven days. The judge subsequently adjourned the matter until September 28 for mention.
The development marks the latest legal dispute surrounding preparations for the 2027 general election, which is expected to witness heightened political activities among major parties and candidates.
Legal experts note that the court’s ruling does not determine the substance of the allegations but merely addresses the procedural issue of how court processes should be served on the defendant. The substantive issues raised in the suit are expected to be examined when the matter comes up for further proceedings.
The case is likely to attract significant public and political attention given its potential implications for Nigeria’s electoral landscape. However, the allegations remain before the court, and no judicial determination has been made regarding the claims contained in the suit.
