The Federal High Court in Abuja has ordered former Vice President Atiku Abubakar and the African Democratic Congress (ADC) to serve President Bola Tinubu with court processes through the All Progressives Congress (APC).
Judge Inyang Ekwo made the order on Wednesday in a ruling on an ex parte application filed by Mr Abubakar and the ADC in their suit challenging Mr Tinubu’s eligibility to contest the 2027 presidential election.
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The judge directed the plaintiffs to effect the substituted service within seven days and adjourned the suit until 28 September for mention.
The suit was filed by Mr Abubakar and the ADC against Mr Tinubu, the APC and the Independent National Electoral Commission (INEC).
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At the Wednesday proceedings, Atiku’s lawyer, Omotayo Ojo, who held the brief of Silas Onu, told the court that the plaintiffs would effect service within seven days.
The application became necessary after the plaintiffs were unable to personally serve Mr Tinubu with the originating processes.
The suit seeks to disqualify Mr Tinubu from contesting the 2027 presidential election over allegations concerning documents submitted to INEC, including an alleged forged National Youth Service Corps (NYSC) discharge certificate.
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Mr Abubakar and the ADC allege that Mr Tinubu submitted a certificate bearing the name “Tinubu Bola Adekunle” to INEC.
They are relying, among other provisions, on Section 137(1)(j) of the 1999 Constitution, as amended, which deals with disqualification arising from the presentation of a forged certificate to INEC.
They want the court to declare that Mr Tinubu presented a forged certificate and disqualify him and the APC from participating in the 2027 presidential election.
The suit began in August, when Mr Abubakar and the ADC instituted the case at the Federal High Court in Abuja.
PREMIUM TIMES reported that lawyers representing opposing sides in the suit disagreed on 1 September over the service of the filings in the case on Mr Tinubu.
Atiku’s lawyer, Mr Onu, had told the court that the plaintiffs had been unable to personally serve the President and sought permission to use substituted service.
Mr Tinubu’s lawyer, Omosanya Popoola, a Senior Advocate of Nigeria (SAN), offered to receive the processes on his client’s behalf, but Mr Onu rejected the proposal and asked him to first provide a written undertaking confirming his authority to accept the documents.
The disagreement led Judge Ekwo to adjourn the case.
Tinubu, APC oppose suit
Meanwhile, Mr Tinubu and the APC have opposed the suit and asked the court to dismiss it.
In a joint counter-affidavit filed on 9 September, they denied submitting any forged certificate or Form CF001 to INEC for either the 2023 or 2027 presidential elections.
READ ALSO: 2027: Tinubu, Atiku, Obi, 15 others make INEC final presidential candidates’ list (Full List)
They also said the NYSC had never denied issuing a discharge certificate to Mr Tinubu at the end of his service year.
Their lawyer, Akin Olujinmi, a SAN argued that an allegation of forgery, being a criminal allegation, must be proved beyond reasonable doubt.
He also argued that the plaintiffs had not produced evidence from the NYSC disclaiming the issuance of the discharge certificate to Mr Tinubu.
Mr Olujinmi urged the court to uphold the defendants’ preliminary objection and dismiss the suit.
Meanwhile, INEC has also challenged the competence of the case.
In its preliminary objection, the commission raised grounds including statute-bar, lack of locus standi, absence of a reasonable cause of action and abuse of court process.
The commission also argued that the plaintiffs failed to comply with the mandatory written deposition requirement under the Federal High Court Pre-Election Practice Directions (Amendment) 2026.
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