Former Vice President Atiku Abubakar has taken his challenge against President Bola Ahmed Tinubu’s eligibility for the 2027 presidential election to the Federal High Court in Abuja.
Atiku, who is the presidential candidate of the African Democratic Congress (ADC), personally visited the court registry on Friday to swear to an affidavit supporting the legal action filed against Tinubu, the All Progressives Congress (APC), and the Independent National Electoral Commission (INEC).
The suit raises constitutional and electoral questions surrounding the president’s qualification to contest the next presidential election. It cites provisions of the 1999 Constitution, as amended, including Sections 137(1)(j), 139(1)(a)(i), and 285(14)(c), alongside provisions of the Electoral Act, 2026.
The central issue is Section 137(1)(j), which provides that a person is disqualified from being elected president if he has presented a forged certificate to INEC.
Certificate at the Centre of Dispute
Atiku and the ADC allege that an NYSC discharge certificate submitted to INEC in connection with Tinubu’s presidential candidacy bears the name **“Tinubu Bola Adekunle”** rather than **“Bola Ahmed Tinubu.”**
The plaintiffs further contend that the certificate was not obtained by the president and allege that the document was also submitted in relation to the 2027 presidential election.
The allegations have been presented to the court for determination and have not been established by a judicial ruling.
Atiku said he chose to appear personally at the court registry because of the constitutional significance of the matter.
According to him, the case concerns the integrity of the presidential office and should therefore be handled through the formal judicial process rather than political exchanges.
He said he had personally sworn to the facts contained in his affidavit and expected Tinubu to respond to the allegations before the court.
Atiku Seeks Access to Tinubu’s INEC Documents
A significant part of the case involves documents held by INEC.
Atiku is asking the electoral commission to produce Tinubu’s Form CF001 submitted for the 2023 and 2027 presidential elections.
The former vice president stated in his affidavit that he had requested certified true copies of the relevant documents from INEC before commencing the action but had not received a response by the time the court processes were prepared.
Atiku argued that the records should be made available so that the court can determine the facts surrounding the disputed certificate and the president’s electoral filings.
He stressed that the issue should not be decided by public opinion, political rhetoric, or social media.
Challenge to Electoral Act
Beyond the certificate dispute, the plaintiffs are also challenging aspects of the Electoral Act, 2026.
Atiku and the ADC contend that certain provisions of the legislation could restrict challenges to a candidate’s qualification at the pre-election stage.
Their position is that an ordinary Act of the National Assembly cannot prevent citizens from relying on a qualification requirement expressly contained in the Constitution.
They argue that the Constitution remains the supreme law and that any legislation inconsistent with it should not be allowed to override constitutional provisions.
The case therefore raises broader questions about the relationship between Nigeria’s Constitution and electoral legislation, particularly regarding who can challenge the qualification of a presidential candidate and at what stage such a challenge may be brought.
Disqualification Requested
The plaintiffs are asking the Federal High Court to determine whether the legal restrictions they have challenged can prevent them from relying on Section 137(1)(j) of the Constitution.
They are also seeking an order that would disqualify Tinubu and the APC from participating in the 2027 presidential election if the court finds that the allegations concerning the certificate and other qualification issues have been established.
Atiku said the case was necessary to ensure that presidential candidates are subjected to the same constitutional standards as other Nigerians.
He argued that discrepancies in official certificates would normally attract scrutiny for ordinary citizens and should not be treated differently when the person involved is seeking the highest political office in the country.
INEC Also Put on Notice
Atiku has urged INEC to provide the relevant electoral documents and demonstrate its neutrality in the matter.
He maintained that the commission, as the institution responsible for maintaining electoral records, should allow the court access to the documents required to resolve the dispute.
The former vice president said the objective was to establish the facts before Nigerians go to the polls in 2027.
He argued that voters should not be placed in a situation where questions about a candidate’s constitutional eligibility are addressed only after an election has taken place.
Lawyers Express Confidence
Counsel representing Atiku and the ADC, Edwin Inegedu, SAN, and Joseph Onu Silas, said they were confident in the legal arguments presented before the court.
Silas said the legal team had reviewed the relevant constitutional and electoral provisions and was prepared to respond to whatever arguments may be advanced by the defendants.
He described the case as an opportunity for the judiciary to provide further clarity on Nigeria’s electoral laws and constitutional requirements.
Atiku, meanwhile, insisted that the lawsuit should not be viewed simply as another political confrontation.
He said the fundamental issue was whether Nigeria’s constitutional standards would apply equally to every individual seeking the presidency.
The former vice president concluded that no political office, including the presidency, should place anyone beyond the reach of constitutional scrutiny.