Atiku Drags Tinubu To Court Over Eligibility For 2027 Election

Former Vice President and presidential candidate of the African Democratic Congress (ADC), Atiku Abubakar, has approached the Federal High Court in Abuja to challenge President Bola Ahmed Tinubu’s eligibility to contest the 2027 presidential election.

Atiku personally appeared at the court registry on Friday, where he deposed to an affidavit in support of the suit filed against Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC).

The suit is anchored on provisions of the 1999 Constitution, as amended, including Section 137(1)(j), as well as relevant provisions of the Electoral Act, 2026.

At the centre of the case is an allegation that Tinubu presented a forged National Youth Service Corps (NYSC) discharge certificate to INEC in connection with the 2023 and 2027 presidential elections.

Section 137(1)(j) of the Constitution provides that a person is not qualified for election as President if he has presented a forged certificate to INEC.

In his affidavit, Atiku alleged that an NYSC discharge certificate submitted to INEC bears the name “Tinubu Bola Adekunle”, rather than “Bola Ahmed Tinubu”. He further alleged that the certificate was not obtained by the President.

The former vice president said the matter should be determined by the court rather than through political arguments or social media exchanges.

“I came here personally because the issues before the court go to the heart of our Constitution and the integrity of the office of President,” Atiku said, according to a statement by his Senior Special Assistant on Public Communication, Phrank Shaibu.

Atiku also asked INEC to produce President Tinubu’s Form CF001 submitted for the 2023 and 2027 presidential elections. He said he had earlier applied for certified true copies of the relevant documents but had not received a response before the suit was filed.

He argued that the court should establish whether the certificate belongs to Tinubu and whether the names “Tinubu Bola Adekunle” and “Bola Ahmed Tinubu” refer to the same person for the purpose of the certificate.

Beyond the certificate allegation, Atiku and the ADC are also challenging provisions of the Electoral Act, 2026 which they contend restrict the ability to challenge a presidential candidate’s qualification at the pre-election stage.

The plaintiffs argued that ordinary legislation cannot override or restrict an express provision of the Constitution, insisting that the Constitution remains supreme where there is any conflict.

The suit is asking the Federal High Court to determine whether the restrictions contained in the Electoral Act can prevent the plaintiffs from invoking Section 137(1)(j) of the Constitution.

Among the reliefs sought is an order disqualifying Tinubu and the APC from participating in the 2027 presidential election if the allegations contained in the suit are established.

Atiku said the case was about ensuring that the same constitutional standards applied to every Nigerian seeking public office.

“The Presidency is not an immunity certificate against constitutional scrutiny,” he said.

He further urged INEC to demonstrate its neutrality by making the relevant electoral records available to the court, stressing that the commission has a responsibility to uphold the Constitution irrespective of the political interests involved.

Counsel to the plaintiffs, Edwin Inegedu, SAN, and Joseph Onu Silas, expressed confidence in the case.

Speaking on behalf of the legal team, Silas said the lawyers had carefully reviewed the relevant laws and presented their arguments before the court.

“We are confident that justice will prevail. This case presents an important opportunity to further develop Nigeria’s electoral jurisprudence,” he said.

The plaintiffs maintained that the case is not about personalities or political privilege but about constitutional compliance and the eligibility of individuals seeking the nation’s highest political office.

The allegations contained in the suit remain claims by Atiku and the ADC and are subject to determination by the Federal High Court.