Former Vice President and African Democratic Congress (ADC) presidential candidate, Atiku Abubakar, has dragged President Bola Ahmed Tinubu before the Federal High Court in Abuja, seeking his disqualification from the 2027 presidential election.
Atiku personally appeared at the court registry on Friday, where he deposed to an affidavit supporting the suit challenging Tinubu’s qualification to contest the presidential election.
The suit, filed by Atiku and the ADC against Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC), relies on provisions of the 1999 Constitution, as amended, and the Electoral Act 2026.
At the centre of the case is Section 137(1)(j) of the Constitution, which provides that a person is not qualified to contest for president if he has presented a forged certificate to INEC.
The plaintiffs are asking the court to determine whether Tinubu and the APC should be disqualified from the 2027 election over an allegation that an NYSC discharge certificate bearing the name “Tinubu Bola Adekunle” was presented to INEC in connection with the 2023 and 2027 presidential elections.
In his affidavit, Atiku alleged that the name on the NYSC certificate differs from Tinubu’s name, Bola Ahmed Tinubu. He further alleged that the certificate submitted to INEC was not obtained by the President.
Atiku also asked INEC to produce Tinubu’s Form CF001 submitted for the 2023 and 2027 presidential elections. According to the affidavit, he had previously applied for certified true copies of the documents but had not received a response before the suit was filed.
Explaining his decision to personally appear at the court, Atiku said the matter concerns the integrity of the Constitution and the office of the President.
He said the case should be determined by the judiciary rather than through political arguments or social media debates.
Atiku also challenged provisions of the Electoral Act 2026 which he argued could restrict pre-election challenges to a candidate’s qualification.
He maintained that ordinary legislation cannot override the Constitution, arguing that where there is a conflict between an Act of the National Assembly and the Constitution, the Constitution must prevail.
The former vice president said the case raises fundamental questions about constitutional supremacy and the standards applicable to presidential candidates.
The originating summons is asking the Federal High Court to determine whether the provisions of the Electoral Act can prevent the plaintiffs from relying on Section 137(1)(j) of the Constitution.
The plaintiffs are also seeking an order disqualifying Tinubu and the APC from participating in the 2027 presidential election if the allegations are established before the court.
Atiku further argued that candidates for public office should be subjected to the same standards as ordinary Nigerians, stressing that discrepancies in academic and service certificates should not be overlooked because the person involved is seeking the presidency.
He also called on INEC to make the relevant documents available to the court, describing the electoral body as a neutral institution with a responsibility to uphold the Constitution.
According to Atiku, the 2027 election should begin with clarity on the eligibility of those seeking the presidency, rather than having questions about their qualifications investigated after the election.
Counsel to the plaintiffs, Edwin Inegedu, SAN, and Joseph Silas Onu, expressed confidence in the case, saying their legal team had carefully reviewed the relevant laws and prepared its arguments.
Onu said the suit provides an opportunity for the court to further develop Nigeria’s electoral jurisprudence.
The case now puts Tinubu, the APC and INEC before the Federal High Court to respond to the allegations and legal questions raised by Atiku and the ADC.
