A Federal High Court in Abuja has adjourned until September 28, 2026, further proceedings in a suit filed by former Vice President Atiku Abubakar challenging President Bola Tinubu’s eligibility to contest the 2027 presidential election.
The case encountered a procedural setback on Tuesday when Atiku’s legal team told Justice Inyang Ekwo that efforts to personally serve President Tinubu with the originating summons had been unsuccessful
Counsel to Atiku, Onu Silas, therefore, sought an order permitting substituted service to enable the case to proceed.
But the proceedings took a new turn when a Senior Advocate of Nigeria, Omosanya Popoola, who appeared for President Tinubu, offered to receive the court processes on his client’s behalf
Popoola SAN asked the court to direct Atiku’s counsel to hand the originating summons to him in open court.
Atiku’s lawyer, however, requested a written undertaking confirming that Popoola had Tinubu’s authority to accept service.
An attempt by another Senior Advocate, Alex Izinyon, to persuade the court to allow service through Tinubu’s counsel did not resolve the disagreement.
Justice Ekwo consequently adjourned the matter to September 28 to allow the plaintiffs to regularise the service process.
Atiku, who is the presidential candidate of the African Democratic Congress, ADC, had instituted the suit against President Tinubu, the All Progressives Congress, APC, and the Independent National Electoral Commission, INEC.
He is asking the court to determine whether Tinubu is qualified to contest the 2027 presidential election, relying on provisions of the 1999 Constitution and the Electoral Act, 2026.
A major aspect of the challenge concerns an NYSC discharge certificate allegedly submitted to INEC in the name “Tinubu Bola Adekunle.”” Atiku contends that the document raises questions about whether it belongs to President Bola Ahmed Tinubu.
The plaintiffs are also challenging provisions of the Electoral Act, which, they argue, restrict the ability of individuals to question a presidential candidate’s qualification before the election.
They maintain that no legislation can override an express constitutional provision and are asking the court to ultimately disqualify Tinubu and the APC from participating in the 2027 presidential election if the allegations are established.
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(Editor: Ebuwa Omo-Osagie)
